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Driver's License Issues

Austin Suspended License Defense Lawyer

Let Our Firm Fight for Your Rights & Driving Privileges

After getting arrested for a DWI in Texas, your driver’s license will be confiscated. Remember, you only have 18 days from your arrest date to request an Administrative License Revocation (ALR) hearing before your license is suspended! One of the most important things to do in order to get your driving privileges back is to hire an experienced criminal defense lawyer.

At The Law Office of Will Mitchell, we specialize in intoxication defense and have helped many clients get their driver’s license back or obtain some form of restricted driving, giving them the ability to commute to and from work, school, or other important appointments. Attorney Will Mitchell has over 18 years of experience protecting the rights and freedom of clients throughout Austin, Travis County, and Central Texas. He knows what it takes to get the best possible outcome inside and outside the courtroom.

Call us today at (512) 858-8611 and request a free initial consultation. 

FAQs About DWI Suspended License in Texas

What is Implied Consent?

In Texas, the legislature enacted what is known as an “Implied Consent” law. Almost every state in the nation has this policy. “Implied Consent” means that every person who has received a driver’s license accepted it on the condition that if law enforcement ever requests a sample of your breath or blood, then you will provide it for them. Obviously, nobody is ever told this when you apply for or receive a driver’s license.

What is the Statutory Warning?

When you are investigated for DWI in Texas, and then arrested, the officer reads you the DIC 24 “Statutory Warning.” This piece of paper explains the applicable portions of the Texas Transportation Code regarding your license consequences of refusing the breath test and is required by law to be given to the suspect.

How long will my license be suspended?

The break down is divided by age, split between Refusals under 21 and Refusals over 21. If you are 21 or older and you refuse to provide a specimen, your license may be suspended for 180 days for a first offense. If you are over 21 and you blow over a .08 your license may be suspended for 90 days for a first offense. Minors could face a 180-day suspension for a breath test refusal and 60 days for a breath test failure on a first offense DWI. If it’s a subsequent offense, drivers could receive a two-year suspension.

Where is my driver’s license?

When you are released from jail, you should have in your release paperwork a DIC 25 “Notice of Suspension.” This is your TEMPORARY DRIVING PERMIT because your driver’s license has been confiscated. The very last paragraph on the DIC 25 is very important. It tells you how to request a hearing on your license prior to suspension. If you do not request a hearing within 18 days of your arrest, your license will be automatically suspended 40 days from your arrest date. Therefore, it is so important for you to contact a DWI lawyer immediately after you are arrested. I will request this hearing for you and set in motion the necessary procedures for effective representation to win the driver’s license hearing.

What is a driver’s license hearing?

The license hearing will usually be referred to as the ALR, short for Administrative License Revocation. The ALR is important in your DWI case. The outcome does not affect the outcome of your DWI case. However, we can request paperwork and discovery in the ALR hearing from DPS that will be the same information used against you at your DWI trial. The ALR is typically much earlier in the process than the DWI resolution so we can get ahead of the opposition sooner.

What happens at the ALR hearing?

At the ALR, DPS has to prove three things in order to suspend your driver’s license. First, they have to show that the officer had reasonable suspicion to stop your vehicle. Reasonable suspicion means the police officer had reasonable, articulable facts to believe criminal activity has occurred or is likely to occur. Speeding, for example, qualifies as reasonable suspicion. Weaving within your lane arguably does not qualify as reasonable suspicion. Next, DPS must prove the officer had probable cause to arrest you for DWI. Probable cause is defined as being more likely than not an offense has been committed. If you fail a field sobriety test, or refuse to take field sobriety test, and admit to drinking alcohol, then this could be enough for an officer to have probable cause. Finally, DPS must prove either you took the breath test and blew over a .08, or you refused to take the breath test. If we can fight anyone of these three things, then we will win your ALR hearing, and you will not face a driving suspension.

What happens if my driver’s license is suspended?

If DPS proves these three things, and your license is suspended, everything is still okay. If it is your first offense, we can get an Occupational License right away to allow you to drive to work, the doctor, school, and the grocery store, and other places required to carry out essential house hold duties. Also, because we subpoenaed the police officers involved, we have an opportunity to cross-examine them about their case and lock them into their side of the story. If they change their testimony at trial, we can impeach them with their testimony from the ALR.

What if the officer doesn’t come to the ALR hearing?

If the officer doesn’t answer the subpoena, meaning the officer didn’t show up to the ALR, then DPS may have to dismiss your ALR and your license will not be suspended.

Facing DWI charges in Austin, Travis County, or Central Texas? Contact us today to learn more about our experienced legal services. 

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  • "He guided me in all the actions I needed to take to help me get my case dismissed."
    The Law Office of Will Mitchell is highly recommended for anyone needing legal help. Mr. Mitchell kept me well informed throughout my legal case. He guided me in all the actions I needed to take to help me get my case dismissed. Thanks to his dedication and my following his advice, I am proud to say…I am now free of all of it! Thank you Will Mitchell and staff!
    Tami
  • "I will be forever grateful for his hard work."
    Will is not only an incredible attorney, he is an incredible person. He helped me through one of the toughest times of my life and took care of everything so I could calm down and focus on finishing what I needed to finish. He even had my DUI reduced to an obstruction of a highway! I will be forever grateful for his hard work, consistent communication, and incredible knowledge of the legal process. Thank you Will!
    A.C.
  • "Mitchell knows the system and how to guide you through it all."
    Well what can I say that everyone else hasn’t said?! Very glad to have found Will Mitchell. Will and his staff are highly professional and will handle your case promptly and efficiently. Mitchell knows the system and how to guide you through it all. While I intend on avoiding anymore run-ins with the law in the future, I definitely would recommend his services to anyone else who might need help.
    Maria
  • "You are in good hands with Will Mitchell."
    Will Mitchell handled my case swiftly, intelligently and was very diligent about getting it resolved in a professional manner. I was very upfront about the circumstances and what he thought I should expect and I appreciated his no BS approach. Candor is imperative when you are dealing with a potentially life changing situation. I would recommend him and have to everyone I know. You are in good hands with Will Mitchell.
    Ross
  • "His knowledge and poise in the courtroom helped to show that the charges were inaccurate."
    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
    R.N. on Google
  • "Thank you for all you did to see me get through this detrimental process."
    Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry. Will knows the laws and his overall industry well. Will keeps pushing for his desired ruling, and will make sure that he has done everything in his power to make sure you get the best ruling possible. Olivia makes sure you are aware of all the events that are needed during your trial process and makes sure you don’t miss out on any necessary paperwork, dates, classes, etc. — she and Will want to see you come out on the other end as winning as possible. They both care for their clients and I thank them for all they have done to make sure this process has been one of LESS STRESS. Thank you Will and Olivia, you two are an amazing team and force — I highly recommend your services to any full-time working professional, thank you for all you did to see me get through this detrimental process.
    Vonnie
  • "Will Mitchell did an amazing job getting my case dismissed!"
    Will Mitchell did an amazing job getting my case dismissed! After failed attempts with several other top attorneys in Austin Will was able to fight for me to get my life back on track. I’m very thankful for his hard work and effort to do what others could not do. If you need an attorney to fight for you and get the job done Will Mitchell is the man. Don’t waste your time with others who will only take your money and not care what happens to you or your future. Thanks, Will.
    Former Client
  • "I can't say enough amazing things about Will Mitchell."
    I can't say enough amazing things about Will Mitchell. My case was dismissed (I didn't think we had a shot) and now just signed a petition for it to be removed for good. I'm typically a little over-amped with my thoughts in general, and he was very responsive and always had calming things to say! I felt I could reach him regarding any little question, and he was always happy to help. I'm still blown away that he was able to get the DWI dismissed, and now off my record. He's a fantastic lawyer, and I'm so happy I chose him!
    Alissa H.