Convicted of DWI in Denton or Surrounding County? Learn How To Keep Your License
If you have been convicted of driving while intoxicated or driving under the influence in Texas (DWI or DUI), you could face severe consequences such as jail time, significant fines, and other sanctions. While jail time and fines can severely impact your life, often the most disruptive consequence of a DWI/DUI conviction is the suspension of your driver’s license. Most Texans rely on their vehicles to get to and from work, school and other personal or family obligations. Losing the ability to freely drive to these activities can have long-term ramifications on your life.
First-time DWI/DUI convictions often result in suspension of your driver’s license for at least 90 days, and as much as one year. Any subsequent DWI/DUI convictions increase the length of the suspension to at least six months, and as much as two years. The court may take other factors into consideration when determining the length of suspension. These aggravating conditions include: a BAC (Blood Alcohol Concentration) over 0.08, driving with an open container, driving with a minor under the age of 14, and/or causing an accident while under the influence. The presence of any one of these aggravating conditions can result in an increased suspension.
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An occupational or provisional license allows for a minor exception to the suspension of your license. An occupational or provisional license is an essential need license, which gives drivers who have suspended licenses following a DWI/DUI conviction a way to legally driving to work, school or other important, personal or family appointments during the suspension period. It is important to understand that there are strict guidelines that restrict where and when you can drive while using a provisional driver’s license. Further, you may only operate a non-commercial vehicle, and you can only drive in connection with work, school or the performance of important personal or family appointments.
Gaining a Provisional License Requires A Court Proceeding
Gaining a provisional license requires a court proceeding. To begin the process of obtaining a provisional license, you must submit a petition to the appropriate court (a Justice of the Peace, a county court, or a district court). This request can be submitted in the appropriate court in either the jurisdiction where you currently live or in the jurisdiction where you received your DWI/DUI conviction. Every Texas County has slightly different requirements for applying for a provisional driver’s license, so it is important to understand the process and the specific forms and information that you need to provide. The help of a licensed attorney can greatly simplify and streamline this process, as he or she will already be familiar with the process and appropriate documentation.
If the court approves your request, you will be provided a signed court order. You must then submit this court order and any other required items to the Texas Department of Public Safety to obtain your provisional license.
It is important to understand that not everyone who applies for a provisional license will be granted one. Some DWI/DUI offenders will be required to complete a statutory waiting period prior before they can petition the court for a provisional license. For example, if you already have more than two administrative license suspensions on your driving record, you must wait one year to petition the court for a provisional driver’s license.
You do have the ability to challenge any suspension of your driver’s license following a DWI/DUI in Texas. This is why it is vital to have effective and quality representation from the beginning of your case. Retaining the assistance of a lawyer experienced in DWI/DUI cases and suspended licenses can significantly improve your chances of maintaining your driving privileges.
Still have questions or concerns? We have the answers to get you back on track following a DWI/DUI conviction. Our attorneys have handled many DWI/DUI cases resulting in suspended licenses and can give you the help you need and deserve. Call today or send us a message to find out how the Peugh Law Firm can help you!