Houston Criminal Defense Attorney Affordable Houston Criminal Defense
by an Experienced Trial Lawyer
713-623-4828
Attorney Representation
in Houston, Texas Since 1989
There are serious consequences resulting from a DWI charge. To ensure you make the right decision, I will evaluate your case and provide you with cost effective options to resolve the situation. 1st DWI . . . Class B misdemeanor, with a minimum confinement of 72 hours. Fine up to $2000.00. 2st DWI . . . Class A misdemeanor, with a minimum confinement of 30 days. Fine up to $4000.00. 3rd DWI . . . Third Degree Felony 2 to 10 years. Fine up to $10,000.00.
LICENSE SUSPENSIONS
License Suspensions: There are two types of suspensions. The first is for
refusing the test. The second is for failing the test.
Breath Test Refusal . . . If a person refuses to submit a specimen the person’s
license shall be suspended for 180 days; or two (2) years if the person’s
driving record shows one or more alcohol or drug related contacts during the
preceding ten (10) years from the arrest. The suspension takes effect on the
40th day after the person receives notice.
Officers will take possession of your driver’s license at the time of
the refusal and a temporary driving permit will be issued that will expire
on the 41st day after its issuance. The suspension then goes into effect.
Breath Test Failure . . .
- First time --- 90 days suspension
- Second time or more --- one (1) year’s suspension
The arresting officer will take possession of your driver’s license,
and issue a temporary driving permit that will expire on the 41st day after
it was issued. The suspension then goes into effect.
Contesting the Suspension
Notice must be given within 15 days that a hearing is requested from the date
(use your arrest date) the individual received notice of the suspension. The
hearing is very limited and will look at alcohol concentration and whether
the police had reason to stop the vehicle and probable cause to arrest you.
If the judge finds it was both reasonable to stop your vehicle and arrest
you, your license will remain suspended. If only one of the two criteria are
met, the suspension will be lifted. However, the DWI prosecution will not be
affected.
OCCUPATIONAL LICENSE
A person who has their driver’s license suspended may apply for an Occupational
license for transport to and from work, education or essential household duties.
NOTE: The individual must not have had a prior occupational license within
the past ten (10) years preceding the date of the new application.
If your license was suspended because of a first time breath test failure
or a first time breath test refusal and you have no prior alcohol or drug contacts
in the past, you can immediately apply for an Occupational Driver’s License.
If your license was suspended for a prior DWI within five (5) years of the
latest arrest, the Occupational License may not take effect before the 181st
day of the date of the suspension.
If your license was suspended for prior DWI’s within five (5) years
from the latest arrest date, the Occupational License may not take effect before
one year of the date of the suspension.
Attorney Practice Areas:
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a Houston criminal attorney for individual advice regarding your own situation.
Copyright © 2008 by Alan Cohen. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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