Driver’s license procedures typically follow after one has been charged with a DWI or a DWI-related offense. Depending on how this process goes, you may end up with a criminal or civil driver’s license suspension that not only prohibits you from driving for months at a time, but also permanently stains your criminal record.
● Administrative License Revocation
● Administrative License Revocation Hearing
● Commercial Driver’s License
● License Suspension Hearings
● Criminal License Suspensions
● Impact on Federal Employees
● Impact on Medical Professionals
● License Reinstatement
● Occupational License
Fort Worth Driver’s License Procedures are critical if you are worried about your ability to drive. If you are currently worried about your license being revoked and you’re looking for legal help, The Law Offices of Richard C. McConathy is here to build your defense. As experienced defense lawyers in Tarrant County, we understand the driver’s license procedures and how individuals must navigate if they expect to receive a favorable outcome in a court of law. Every case is unique; call us today for information on how we can assist yours.
Administrative license revocation can take place when an individual refuses DWI testing, or if an individual submits a test and is found to be over the blood alcohol concentration limit.
Administrative license revocation is a civil penalty and not a criminal penalty. However, if this happens to you, penalties may include a 180-day suspension on your license. If you have a CDL (commercial driver’s license), your penalties may start at 1 year.
According to Texas Transportation Code Ann. § 724.041, individuals can request an administrative license revocation hearing within 15 days of receiving notice of their suspension. If the request for said hearing has been requested within the allotted timeframe, the State Office of Administrative Hearings must hold a hearing with an administrative law judge before the effective date of the suspension, but not before the 11th day after the date the person has received notice.
Administrative license revocation hearings allow individuals to appear before a judge to reinstate their license after a DWI test refusal or failed BAC test.
According to the Texas Transportation Code Ann. § 724.042, the issues the administrative law judge will determine at a hearing for refusal to submit to testing are whether:
● The police officer conducting the traffic stop had reasonable suspicion or probable cause to stop and/or arrest the individual;
● The officer had probable cause to believe the individual was driving, piloting, or operating watercraft in a public place while intoxicated;
● The police officer placed the individual under arrest and requested that they submit to a chemical alcohol concentration level test; and
● The individual refused to submit a test result.
Under the Texas Transportation Code Ann. § 524.035, the issues the administrative law judge will determine at a hearing for failure to pass an intoxication test are whether:
● The individual had an alcohol concentration over the legal limit while operating a motor vehicle in a public place, or a watercraft;
● If the individual who was under the age of 21, if they had any detectable amount of alcohol in their system while operating a motor vehicle in a public place or a watercraft; and
● The law enforcement officer had reasonable suspicion to stop or probable cause to arrest the individual.
If you are granted an administrative license revocation hearing, you must act quickly to find the right criminal defense attorney for you and your case. The last thing you want to do is go into your hearing without any sort of legal representation. Call our team today to receive a free, no-obligation consultation from a legal expert.
If you transport motor vehicles for a living, you may be concerned about the potential consequences for being charged with any offenses related to DWI.
If you are a commercial driver and you’ve been convicted with a DWI or a DWI-related offense, you may receive a lifetime commercial driving disqualification if convicted of a combination of any two or more of the following offenses on separate occasions:
● Any DWI,
● Leaving the scene of an accident when the commercial driver was involved,
● Using a motor vehicle to commit a felony,
● Driving with a suspended or revoked commercial driver’s license, and/or
● Causing the death of another person with the negligent or criminal operation of a vehicle.
An individual can also receive a lifetime commercial driving disqualification for any combination of two or more of the following acts on separate occasions:
● A conviction for any of the offenses listed above,
● Refusing to submit to alcohol concentration level testing,
● Submitting to testing and having an alcohol concentration level of .04 or higher while operating a commercial vehicle, and/or
● Submitting to testing and having an alcohol concentration level of .08 or higher while operating any motor vehicle.
License suspension hearings in Fort Worth, Texas are arguably the most critical aspect of the entire process of re-acquiring your driver’s license. Because of this, it is absolutely imperative that you find the best criminal defense attorney DFW.
Make sure you hire the best criminal defense lawyer by calling the Law Offices of Richard C. McConathy today. Led by experienced attorney Richard McConathy, he and his legal team are ready to help you regain your license after a DWI or DUI-related offense. Going into your hearing without legal representation can stifle your chances of a judge ruling your favor. Call now before it’s too late.
If you are a federal employee, a DWI-related offense on your record may have a huge effect on your life and employment.
The federal government performs background checks more often and thoroughly than the typical employer. When you combine this with the stigma that DWIs and DUI offenses carry, you may have a hard time finding federal job opportunities. Some federal employment opportunities require valid driver’s license, something you may not have after being convicted of driving while intoxicated.
Like most DWI cases, the impact that a charge or conviction of driving while intoxicated will have on your future as a medical professional largely depends on the circumstances of your case. For doctors and nurses specifically, neither the Texas Medical Board nor the Texas Board of Nursing can discipline medical licensing or registration for a DWI arrest alone. The Texas Medical Board requires the medical professional also be observed taking place in egregious activities such as unprofessional workplace conduct, alcohol/drug use in a manner which the Board believes endangered a patient’s life, or suffer from a medical or physical condition such as addiction. After a doctor is arrested for DWI, the board will conduct its own investigation.
The Texas Board of Nursing will also conduct its own investigation of nurses charged with DWI to determine if the case involves things like moral turpitude, a rehabilitative attitude, or impairment of the ability, capacity, or fitness required to perform nursing duties. The Board will then deliberate on whether or not they will restrict or suspend your license. Medical professionals should remember that Texas is an at-will state, so even if your particular board doesn’t restrict your registration, your employer may deem your DUI as a fireable offense.
Driver’s license reinstatement procedures may vary from state to state. In order to reinstate a driver’s license after it has been suspended in Fort Worth for any DWI or traffic offenses, the driver is required to wait until their suspension period is over and pay a reinstatement fee. The reinstatement fee for an administrative license suspension is $125 and the fee for DWI convictions or traffic offenses is $100.
If the driver’s license was suspended for a DWI related offense or an administrative license suspension, they will also be required to file and maintain proof of SR-22 vehicle insurance with the Texas Department of Public Safety (TxDPS) for two years. Previously suspended drivers may also be subject to the completion of certain courses or programs before they can reinstate their license, such as a repeat offender’s education program.
An occupational driver’s license is a restricted license given to individuals whose licenses have been suspended or revoked for refusal to submit to testing, failure to pass an intoxication test, or related offenses including as a driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol or a controlled substance.
A Texas driver is permitted to receive an occupational license if they have demonstrated an essential need. Per the Texas Transportation Code Ann. § 521.241, a person demonstrates an essential need to operate a motor vehicle when they must drive:
● To perform their occupation or job or for transportation to and from the workplace,
● For transportation to and from school, or
● In the performance of an essential household duty.
An essential need can include medical appointments, attendance at religious services or other domestic needs.
Driving and transportation are critical to independent living. If you’ve recently been charged with a DUI or a related offense, you may be worried about your driver’s license being taken away. Protect yourself and fight for your rights by hiring Richard C. McConathy, a Fort Worth criminal defense attorney. The Law Offices of Richard C. McConathy has decades of litigation experience, all culminating in a unique expertise in criminal defense. Learn more about how we can assist you by calling us today. Our in-house legal experts are here to provide you with a free, no-obligation consultation during your initial phone call with us.