Drunk Driving Defense (DWI / DUI)

Driver's License Suspension / ALR / ODL

Administrative License Revocation (ALR)

An arrest for DWI usually leads to a criminal case . In most instances, the police officer also issues a “Notice of Suspension/Temporary Driving Permit.” This is generally because the person arrested refused to submit to a breath or blood test, or did consent to a breath or blood test and the result was an alcohol concentration greater than 0.08. This begins a civil action by DPS to attempt to suspend a person's license.

DPS will automatically suspend a license on the forty-first day after arrest, unless, within fifteen days of the arrest, you request a hearing challenging the attempted suspension. DPS will not suspend your license until after the hearing concludes.

There are two important reasons to request an ALR hearing. First, you may win (or the
State may fail to prove its case), in which case you keep your license until resolution of the criminal case. Second, we get a preview of the State's criminal case, including discovery of the police officer's reasons for the arrest (usually in the form of a police report) and an opportunity to cross-examine the police officer (usually before the prosecutor is even aware of the pending criminal case).

Exercising your right to an ALR hearing is time-sensitive – please contact us immediately so that we may preserve your license rights.

Occupational Driver's License (ODL)

If your license is suspended, either due to a DWI arrest or conviction, or for any other reason, you may petition the Court for an ODL (either in the Court with jurisdiction of your criminal
case, or the Court in your county of residence).

An ODL is a restricted license that allows you to meet your “essential needs” such as
work, school, or necessary household responsibilities. The Court may limit your driving to scheduled times; or the Court may require you to keep a log book, documenting your driving times, subject to an inspection that you do not exceed your authorized hours.

If you drive while your license is suspended, you may be charged with a misdemeanor offense
of Driving While License Suspended. If you are on Community Supervision, the State may
file a Motion to Revoke your Community Supervision. If you violate the conditions of your ODL, you may be charged with a misdemeanor offense of Violation of Occupational Driver's License. The Court will likely revoke your ODL.