After you have been charged with a DWI in Texas, you may believe that your days of driving are over. However, that is not always the case. In Texas, drivers who have had a DWI can apply for a restricted/occupational license to restore some of their driving privileges.
After being charged with a DWI in Texas, it is in your best interest to partner with Sophia Martinez Law. You can rely on former Assistant District Attorney Sophia C. Martinez to use her over 25 years of experience as a criminal defense attorney to assist with your case as you pursue a restricted/occupational license to restore some of the driving privileges you lost.
How to Regain Your Driving Privileges Following a DWI in Texas
The suspension of a person’s driver’s license after a DWI conviction is a legal penalty that is separate from the administrative license suspension that many people receive due to a failure of a breath test or a refusal to provide a breath test. In Texas, the guidelines for license suspension after a DWI are as follows:
- A first-time DWI conviction may result in a driver’s license suspension of 90 days to one year
- A second or third DWI conviction may result in a driver’s license suspension of 180 days to two years
- A conviction for DWI with a child passenger in your vehicle may result in a driver’s license suspension of up to 180 days
While losing one’s driver’s license to suspension can be disruptive and frustrating, drivers have the ability to regain their driving privileges following a DWI by applying for a restricted license.
A restricted/occupational license allows you to drive a vehicle for the duration of your suspension but it may require the installation of an ignition interlock device (IID). An IID requires drivers to provide a breath sample to the device before they are able to start the vehicle. If your breath shows any traces of alcohol, then you will be unable to start the vehicle. These devices may periodically require you to provide additional breath samples while you are actively driving by giving you a couple of minutes to safely pull over. A failed IID test will be reported and may result in the loss of your restricted license.
What Is the Waiting Period to Obtain a Restricted License in Texas?
When you apply for a restricted license, you will have to pay a fee to the Texas Department of Public Safety (DPS) once your application is approved. A DWI attorney can help you through the application process and give you the best chance of a successful outcome to allow you to regain your driving privileges.
Once your restricted license application has been approved and the fee paid, you may need to wait a certain period of time to apply for your restricted license depending on the circumstances of your specific case. These wait periods vary and can depend on the type of suspension but some are as follows:
- Up to 90 days if DPS has previously suspended your driver’s license for a drug or alcohol-related offense
- Up to 180 days if your license was in suspension due to an intoxication-related conviction
- Up to one year if you have two or more prior administrative license revocations on your record
To get help beginning the application process to obtain a restricted license after a DWI, contact a Texas DWI lawyer.
Speak With a Trusted DWI Lawyer in Texas Today
Being charged with a DWI in Texas can be stressful as you try to understand what your next steps should be to restore your driving privileges. To ensure you have a strong case when applying for a restricted license after a DWI in Texas, contact Former Assistant District Attorney Sophia C. Martinez. Attorney Sophia C. Martinez, a former prosecutor and defense attorney with over 25 years of experience, works hard to help clients with all of their needs regarding getting a restricted license.
To schedule a free evaluation with Attorney Sophia C. Martinez, contact Sophia Martinez Law today by completing our contact form or calling (210) 226-3000. We also speak Spanish.