Posts tagged License Revocation

What Are The Penalties For DUI in Houston?

Reader’s Question:

What kind of punishments does the state of Texas impose on someone who got arrested for drunk driving? I want to help my brother out because he got charged a DUI and it’s his first time! Thanks!
Lenard

Houston, TX
Drivers in Houston would be well advised to be knowledgeable about the laws and punishments for a DUI or Driving Under the Influence offense in Texas. Anyone convicted of such an offense can expect heavy penalties including costly fines, license suspension, and can even be sentenced to prison. If you have been convicted of a DUI, a DUI auto insurance policy is quite necessary before you are allowed to drive again.

Here are some important details about DUI penalties in Texas: First offense gets $2,000 in fines, 72 hours to 180 days in prison, 90 days to one year license revocation and the need to install Interlock Ignition Devices on all vehicles owned at the offender’s expense. Second offense: $4,000 fine, 6 months to 1 year license revocation, and 30 days up to 1 year in prison. Third offense: $10,000 fine, 2 – 10 years imprisonment and 2 years license revocation.

Your auto insurance coverage can become very expensive after a DUI conviction. This is due to the high-risk associated with DUI offenders. But that doesn’t mean that affordable DUI auto insurance cannot be found, one would just have to know how and where to look for one.

Save yourself the time and trouble, and shop for the best-priced DUI auto insurance coverage available through the Internet. There are many dedicated online DUI and auto insurance specialists catering to the Houston market these days. Run free auto insurance quote checks and compare offers to quickly find the auto insurance policy that best fits your needs.

Getting the right kind of DUI auto insurance policy can save you hundreds, if not thousands, of dollars a year. It only takes a few minutes of your time, and just a bit of effort, to accomplish this but the pay-off is definitely worth it.

Will My DWI Charge Result in License Suspension in Houston Texas?

Reader’s Question:

I know that if someone is arrested for DWI in Houston, Texas, the driver’s license could be suspended. But what I need to know is that, do all DWI arrests end in the suspension of the driver’s license of the DWI suspect?

Holly

Houston, TX

The driver’s license suspension that you are referring to is the Administrative License Revocation (ALR), but not all DWI arrests end with suspended driver’s licenses. In most DWI cases, a “Notice of Suspension” is served immediately after the breath or blood alcohol test is failed or refused by the DWI suspect. Unless and until the driver’s license becomes suspended, the DWI suspect could drive without restriction.

A lot of police officers in Houston, Texas tell the people they arrest for DWI that the license is suspended as of the moment of arrest, which is not true. The DWI suspect would automatically lose his driver’s license unless a hearing request is received by the Department of Public Safety within 15 days upon the DWI suspect’s receipt of his notice of suspension. Making a timely and proper request would entitle the accused to a hearing if the driver’s license would be suspended. This administrative hearing would be conducted by the State Office of Administrative Hearings (SOAH) and this usually happens within six weeks of arrest. The driver’s license suspension ranges from 90 days to two years.

What is a DWI ALR Hearing in Houston Texas

Reader’s Question:

Aside from keeping my driving privileges if I win my ALR hearing, what are the other benefits of this, how would I request for the hearing and how many days do I have to file it if I am charged with DWI in Houston, Texas?

Liezl
Houston, TX

If you’re charged with DWI in Houston, Texas, your request for an administrative license revocation (ALR) hearing should be received by the Texas Department of Public Safety no later than 15 days after receiving or are presumed to have received “Notice of Suspension.” In most DWI cases, that would be the 15th day after you were arrested. The notice of suspension is a sheet of paper which usually doubles as your “temporary driving permit.” At the bottom of your notice, you will see a fine print that would explain how to request an ALR hearing. You could request a hearing by calling on weekdays during normal business hours or you could also send your request through fax.

An ALR hearing should be requested whenever possible because even if you lose your ALR hearing, your DWI lawyer could obtain critical documents and information about your DWI arrest through the driver’s license “discovery” process. These information and documents would help in defending your DWI case in the criminal court.

Houston TX DUI Breath Test Refusal

Reader’s Question:

If I refused to take a breathalyzer test or any form of testing when found driving under the influence in Houston, Texas, would that automatically mean suspension of my driver’s license? And if yes, is there a way for me to prevent it?

Adrian

Houston, TX

When found driving under the influence in Houston, Texas, there is a process that you have to go through first before your driver’s license is suspended. After an arresting officer charged you for DUI, you have the right to what is called an Administrative License Revocation Hearing (ALR hearings). At the time of your arrest, you should receive a written notice about the suspension of your driver’s license. Then you will have 15 days from the date of receipt, to request in writing, a hearing from the Department of Public Safety (DPS) headquarters. If you fail to request a hearing, you will lose the right for ALR and your license will be suspended on the 40th day after receiving the notice.

If the officer did not give you a notice about your license suspension, you will still get a notice from DPS sent to you via certified mail. After receiving the DPS notice, you will have 15 days to file for a hearing instead of 15 days from the date of your arrest. A 5-day grace period is given after the notice is mailed, giving you 15 days to request for a hearing. But it is advised not to rely on receiving a notice from DPS to request a hearing or you might end up waiving the right for ALR.

Do You Need a Houston DWI Lawyer?

There are about three categories you can place yourself in based on the level of which you really need a Houston DWI lawyer. Some people really need one, others probably need one, and others can go either way. There’s no one who absolutely should not hire a lawyer, but even if you don’t necessarily need one, it’s a nice convenience. I give below a short explanation of the situations which might indicate that you have no choice but to hire an experienced Houston DWI lawyer.

You absolutely should hire a lawyer if…

  • you are on your third DUI ticket or above. Just looking at the law, you can see how the fines and the jail terms and license revocation periods and so on shoot up dramatically each time you get caught or DUI. It’s already expensive the first time, but much much more so the third.
  • you were in a very serious accident. If you managed to injure or kill someone in an accident, then you are going to be on the stand for a lot more than just drunk driving.
  • your job is one which involves transportation. Maybe you drive a taxi or deliver things or are a traveling salesperson, but if you drive for a living then you’ll need some help getting a temporary restricted license.