Interviewer: Regarding your driver’s license, normally your license is only be suspended for 90 days even with a conviction?
Gary: You can also be suspended for 180 days depending on whether you voluntarily gave a breath or blood sample or that you refused it. If it’s your second DWI it’s up to a year suspension. So the period of suspension increases depending on the number of DWIs you’ve had.
There’s two ways to go about handling the suspension. There’s an ALR hearing, an administrative law review hearing. At that hearing, all they have to do is establish that one, there was probable cause for the stop, and two that you were offered a chance to take a breath or blood test and you either accepted and failed, or refused, and that’s all they have to prove for a license suspension.
They can even do it by submitting copies of the police report. They don’t even need the officer to come in for the hearing. The only way you can win these types of hearings is basically subpoena the officer and if the officer doesn’t show up they shouldn’t suspend the license. But that’s occurs only rarely.
I usually tell my clients the better option is to have me procure an occupational driver’s license, which will allow you to drive to and from work, 12 hours a day. In Texas, the occupational license is fairly easy to get.