License Suspension Attorney
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McAllen License Suspension Attorney
It’s difficult to have your driver’s license suspended. You need a lawyer who will vigorously defend you and fight for the reinstatement of your driver’s license. You can’t drive to work, can’t drive your kids to school, can’t drive to the grocery store, and you lose your independence. If your Texas driver’s license has recently been suspended, there are a few things you should know about the laws surrounding drinking and driving license revocation penalties.
We never recommend driving while your license is suspended because the benefits do not outweigh the costs. That being said, we all know life happens, and sometimes you don’t have a choice. Our defense attorneys can provide legal counsel and a strong defense in court if you were caught driving with a suspended license out of necessity or in an emergency.
Applied Consent & Refusing a Sobriety Test
You have given your “implied consent” to a breathalyzer, blood test, or other alcohol test if you operate a motor vehicle on any Texas road and have a valid driver’s license. If you refuse to take a breath test after being pulled over by a law enforcement officer, your driver’s license will be suspended automatically (this is known as Administrative License Revocation), even if you haven’t had anything to drink.
What if the test indicates that I am over the limit?
You will be arrested and charged with DWI if you consent to a blood or breath test after being pulled over and the test reveals your blood alcohol level is 0.08 or higher. If this is your first drunk driving arrest, the officer will take your driver’s license and issue you a temporary driving permit to be used until the administrative review process is completed. If the charges were dropped, our attorneys can assist you in regaining your license, and you may be eligible for an occupational license.
Keep in mind that you only have 15 days to request an ALR hearing and fight the license suspension.
When a License Could Be Suspended
Although most license suspensions are the result of a DWI charge, there are a few other reasons your license may be suspended or revoked.
Your license could be suspended for the following reasons:
- Driving without insurance is prohibited.
- Several traffic citations and moving violations
- Being medically unable to drive a vehicle
Being pulled over for a traffic violation, or worse, being involved in an accident, without valid auto insurance can result in your license being suspended until you can obtain and provide proof of insurance.
Being cited for several speeding tickets or red light violations in a short period of time can result in “points” being added to your license; once you reach a certain number of points, your license may be suspended until you pay a fine or complete traffic school.
Driving can be dangerous if you have epilepsy, glaucoma, narcolepsy, or other vision or motor control issues. If you are medically unable to drive, your license will be revoked until you can provide a doctor’s note indicating that the condition has resolved or that these restrictions should otherwise be lifted.
The Duration of a License Suspensions
The length of a license suspension can vary depending on:
- The driver’s age.
- The kind of driver’s license you have
- During the DWI stop, actions were taken
- Prior criminal history of the driver
An experienced McAllen license suspension attorney can help you reduce the term or obtain a temporary occupational driver’s license, allowing you to drive to and from places that are important to you and your family.
Adults 21 and Up Suspension Duration
Adults over the age of 21 who consent to a blood test and are found to be over the legal limit may face a 90-day suspension.
Adults over the age of 21 who refuse to consent to a blood test may have their driver’s license suspended for up to 180 days .
Duration of Suspension for Minors Under 21
Minors under the age of 21 who consent to a blood test and have some alcohol in their system, even if the BAC is less than.08, may face a suspension of up to 60 days for a first offense, 120 days for a second offense, and 180 days for a third or higher offense.
Minors who refuse to consent to a blood test may face a 180-day suspension .
Duration of Suspension for CDL Holders
CDL holders who consent to a blood test and have a BAC of.04 or higher while driving a commercial vehicle, or a BAC of.08 while driving a passenger vehicle, or who refuse to consent to a blood test at all, face a one-year suspension.
CDL drivers suspected of DWI while transporting hazardous material who refuse to submit to an alcohol test or have a BAC of.04 or higher while transporting hazardous material face a one-year license suspension and a three-year ban on transporting hazardous cargo.
Preventing License Suspension when Facing DWI Charges
Following a DWI arrest, you will have the opportunity to contest your driver’s license suspension at an administrative review hearing. If you do not request a hearing (or if the outcome of the hearing is not favorable to you), your license will be suspended 40 days after your arrest.
You have the right to appeal if you request an administrative review hearing and the administrative law judge decides your license should be suspended. You or your defense attorney must file this appeal within 30 days of the decision’s issuance, or your right to appeal will be lost.
Contact Us
If you are facing license suspension or have been caught driving with a suspended license, Higdon Law Firm can assist you. Our McAllen license suspension lawyers have decades of combined experience that they can put to use for you.
Contact Us For A License Suspension Attorney Today
Don’t hesitate to contact the attorneys at Higdon Law Firm today if you or a loved one a license suspension attorney, our law firm offers a free and confidential consultation. David A. Higdon has been serving McAllen and helping represent those who are usually under-represented for criminal charges and need strong criminal defense for over 30 years. Our lawyers will fight hard for your freedom and will do whatever it takes to ensure that you are our priority. Don’t just take our word for it, hear what our clients have to say about our criminal defense attorneys on Google, Yelp, and Facebook.