DWI Defense Attorney in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties
One of the consequences of a DWI conviction is a suspended driver’s license. When arrested, a person can choose to submit a breath or blood sample for testing. He can also refuse a test. If the test shows a blood alcohol content (BAC) above the legal limit, the driver loses his license for 90 days if it’s his first DWI. If he refuses the test, his license is automatically suspended for at least 180 days. Either way, the driver can expect to lose his license. However, willfully submitting to a breath or blood test results in a shorter suspension period and may result in leniency from the judge when applying for an occupational license.
How Long Will My License be Suspended?
The length of time that a driver’s license is suspended depends on a few factors. These factors include the driver’s previous driving record, previous DWI convictions, the circumstances of the arrest and the results of the trial.
- Failing a submitted test: 90 days to one year of suspension if arrested for DWI in the past 10 years.
- Refusing a test: 180 days to two years of suspension if arrested for DWI in the past 10 years.
- Suspension upon conviction: 90 days to one year of suspension for first DWI conviction; six months to two years of suspension for subsequent DWI arrests.
What is an Occupational License?
A suspended license can make it impossible to keep a job or perform daily tasks. It’s possible to apply for an occupational license to recover limited driving privileges for essential purposes. To apply for this license, the defendant files a petition with their local court. This petition shows the “essential need” that the defendant has for a restricted license. The judge reviews the petition and calls for a hearing to confer with the defendant. At the hearing, the judge reviews the defendant’s driving record and takes that into account. If the judge issues the license, he will set specific rules that the defendant must follow when driving.
These restrictions include when, where and why the defendant is allowed to drive. For example, the defendant may only be allowed to drive on certain days of the week and between certain times of the day. There will be restrictions on where the defendant is allowed to drive and what routes he is allowed to take. There may also be restrictions on the reasons that a defendant is allowed to drive.
Get Help From a DWI Lawyer
The best way to get an occupational license is to consult with a DWI attorney. Greg Tsioros has years of experience representing defendants from across the state of Texas in DWI cases. He is committed to providing an exemplary defense for his clients.
For more information about occupational licenses, speak to the Law Office of Greg Tsioros at (832) 752-5972.
**Recent Updates to Texas DWI Law**
New circumstances in which officers can forcibly take blood WITHOUT A WARRANT:
- Accident with mere bodily injury or other person transported to hospital
- Arrest for DWI with child passenger
- If officer has reliable information the offense can be prosecuted as a felony