What many drivers don’t know is that when they are arrested for a DWI, they don’t just have that one case to deal with. They also have to deal with a criminal proceeding regarding their privilege to drive. This is called an Administrative License Revocation (ALR) proceeding. Normally, it happens when a DWI suspect refuses to submit to blood testing or a breathalyzer test or even allegedly refuses. When this is the case, your drivers license can be suspended for up to 180 days, depending on a number of factors, one of which is whether you request an ALR hearing and manage to disprove the following during that hearing:
- There was reasonable suspicion to stop you or probable cause to arrest you
- Probable cause existed that you were driving or in control of the vehicle in a public place while intoxicated
- When you were placed under arrest, you were given the chance to blow into a breathalyzer or be given a blood test. You also must have been notified about the consequences of refusing or failing these tests
- You refused to submit to the tests or failed the tests
What is an Occupational Drivers License (ODL)?
When you are caught out on the road without a valid drivers license, you are risking getting arrested or a ticket for driving while your license is invalid or suspended and can result in even more charges against you. However, if your drivers license has been suspended, expired or revoked, there is a way to get you back out onto the road legally.
In our day and age, we need a way to get around to our jobs, shopping, to helping with our children. Not having a drivers license can handicap a person. An occupational drivers license is meant to help change that by allowing you to legally drive, even on a suspended, expired or revoked license.
However, occupational drivers licenses are not free passes around town. They have limitations. ODL’s allow you to only drive for what are considered necessary reasons, such as getting groceries, picking up your children or driving to your job. With an ODL, you are only allowed to drive during a 12-hour period each day and only allow you to drive within certain counties.
If you have been arrested for a DWI and your license has been suspended, contact a Texas criminal defense attorney immediately to evaluate your case and set you on track for obtaining an occupational drivers license.
Mike Goolsby is a Dallas criminal defense attorney who has not lost a case in more than 15 years.
