Driver’s License Suspension Hearings
Types of Driver’s License Suspension Hearings
I am Jack Byno, Attorney at Law and since 1994 I have represented clients with driver’s license suspension hearings. There are several types of driver’s license suspension hearings. However, at this point for the sake of convenience, I will divide them into two groups:
- Civil Suspensions: Initiated by the Texas Department of Public Safety (DPS).
- Criminal Suspensions: Ordered by a criminal court as part of a punishment for a DWI under Texas Transportation Code Section 521.344.
The lawyers of my firm are here to help you with both types of suspension hearings. Contact me today to discuss your case.
Civil Suspension Of Driver’s License
There are many reasons that DPS would bring a motion to suspend your driver’s license. Below are the most common reasons (each with a link to a separate page to discuss the topic more fully). Contact a lawyer from Jack Byno & Associates to discuss your driver’s license suspension issues.
- DWI Breath Test Failure or Refusal: If you were pulled over for a suspected DWI you are required to provide a blood or breath specimen. If you provide and fail the test or if he refuse to take the test, your driver license will become suspended unless you request a hearing within 15 days from the date of your arrest for DWI. If you timely request the hearing, it will be hear as part of the Administrative License Revocation (ALR) Program.
- Failure to Pay State Surcharges: When you are convicted for traffic violations and other driving related incidents, including DWI, you are assessed points. these points translate in Dollars that must be paid to DPS in order to keep your driver’s license in good standing. This system is referred to as the Driver Responsibility Program.
- Too Many Traffic Tickets: The point system was conceived as a method to keep track of bad drivers. A driver’s license will be suspended if the person is convicted of four or more moving violations within a 12 month period or seven or more violations within a 24 month period. These drivers are known as habitual violators.
- No Insurance Convictions: If a driver is convicted two or more times for no insurance, his/her license can be suspended. These violations are known as Failure to Maintain Financial Responsibility (FMFR).
- Auto Accidents: In the event of a car crash, an individual may be subject to having their driver’s license suspended if they do not have insurance or are found to be at fault and have failed to pay a judgment. These are commonly known as Crash Suspensions.
Criminal Suspension of Driver’s License
The Texas Transportation Code section 521.344 sets out in detail the various possibilities for a driver’s license suspension as part of the criminal penalties for a DWI conviction. The Code sets out in detail how long a license will be suspended, when it will begin, and the requirements for it to come to an end. Their is very little court discretion. Contact an attorney to discuss the likely outcomes of your DWI and the suspension your driver’s license.
Occupational Driver’s License
In most cases if your driver’s license is suspended you can apply for an occupational driver’s license (ODL). This is a special type of license that, if granted, will allow you to driver legally to and from work and other necessities. It is only valid for the hours and locations that the issuing court allows. If you are caught driving outside of the terms and conditions of your ODL you may be charged with the criminal offense of Driving While License Suspended (DWLS). This can lead to a revocation of the ODL, and additional driver’s license suspension, jail time, and more State Surcharges. Contact a lawyer to discuss your eligibility of receiving an ODL.
Suspension Hearings In All North Texas Counties
- Collin County
- Dallas County
- Denton County
- Tarrant County
Justice of The Peace Courts Conduct Most Suspension Hearings
- Cross Roads
- Fort Worth
- Grand Prairie
- Lake Worth
- The Colony