When you are pulled over under suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), you will more than likely be asked to take a blood or breath test to check your blood alcohol level. If you do not know what to do when pulled over for DWI, refuse to do this, fail to complete it, or test above the legal limit, your driver’s license may be suspended. There may be other consequences for a DWI charge as well. For many people, functioning in their daily lives without personal transportation just isn’t possible.
Administrative License Revocation Hearing
That’s where an Administrative License Revocation (ALR) Hearing can help you. This hearing provides you with the opportunity to prove the DWI charge is unwarranted and your license should be reinstated. The Department of Public Safety (DPS) will attempt to prove the opposite, which is why you need an aggressive lawyer in your corner during this fight.
However, if your ALR Hearing has already passed and the decision to suspend your license has been upheld, do not lose hope. It is common for DPS to win these DWI hearings, but The Fox Firm’s DWI lawyer can help you move forward.
What happens after the ALR hearing?
In the event that your license suspension is upheld or your license is revoked, you may be able to apply for a type of provisional drivers license called an “occupational license.” This provides you limited or restricted permission to drive when it is required for:
- Your employment;
- School activities; or
- Performing essential household duties.
Filing a petition with the court may get you one step closer to getting back on the road, but each court can have different requirements. Working with us ensures your petition adheres to the court’s rules, and we are confident in our ability to navigate this complicated process.
It is important to note that there are also disqualifying factors that can affect eligibility for an occupational license. Prior convictions or license suspensions could prolong your timeframe for the activation of your occupational license or may prevent you from obtaining one altogether. Please reach out to us to discuss your circumstances so that we may advise you on your next steps.
What are the rules of an occupational license?
In addition to the petition, you will also need to acquire SR-22 insurance. It doesn’t function like typical auto insurance; instead, it serves as proof of your financial responsibility. The SR-22 form is used to attest that your car insurance meets regulatory requirements.
An ignition interlock device will also be required in DWI cases. This device connects to your engine’s ignition system and requires that you blow into it to operate your vehicle. It is similar to a breath analyzer and checks your blood alcohol content before allowing you to start your car.
For commercial vehicle drivers, an occupational license does not function as a CDL and, therefore, cannot be used in place of any special license to operate vehicles like tractor-trailers. Also, your occupational license is only valid for driving in the state of Texas.
If you are facing an ALR Hearing, need assistance obtaining an occupational license, or need a DWI charge sealed, call us today to schedule a consultation.