I Was Arrested For a DWI in Austin. Can I Still Drive?
Getting arrested for a DWI in Austin is a frightening and overwhelming experience that can turn your world upside down. People often wonder: Will this ruin my career? What will my family think? Can I still drive my car?
Especially for those who live in cities with little to no public transportation, like Austin, Texas, that last question is usually the most pressing. Driving is how most people get to work, take their children to school, or go to the grocery store. Though a Driving While Intoxicated charge can be shocking, the most important thing is not to let it paralyze you.
If you want to still be able to drive legally, the steps you take in those first 15 days can make all the difference. But remember: hiring an experienced criminal defense attorney in Travis County like Chris Perri should be your first move.
After a DWI arrest, you'll receive a Temporary Driving Permit.
It can be helpful to understand what happens to your license upon an arrest. When a person is arrested for a DWI, the police officer confiscates that defendant’s driver’s license. It is then destroyed. You will never get that exact license card back. In its place, the person is given a Temporary Driving Permit, which lasts for 40 days from the arrest date, unless the defendant requests a hearing with the Department of Public Safety (DPS) within 15 days of the arrest. A criminal defense lawyer in Austin can help you do this.
It’s essential to request this license suspension hearing within those first two weeks because it allows people to continue driving until the date of the hearing, which is usually held three to four months after the arrest. Simply by requesting this hearing, your 40-day Temporary Driving Permit extends for months, at no cost. This buys you time before having to pay for an occupational license.
Following DWI charges, the length of driver's license suspensions vary.
If you or a DWI attorney do not request the DPS hearing, then your driver’s license will be suspended 40 days after the arrest, when the Temporary Driving Permit expires. However, note that the periods of suspension vary:
If during the arrest you voluntarily provided a breath or blood sample that shows a blood-alcohol concentration (BAC) of over .08, the suspension will likely be for 90 days.
If you refused to provide a sample, which you have the right to do, then the suspension is for 180 days.
For repeat offenders, the periods of suspension can be significantly longer.
While your DWI case is pending, you can apply for an occupational driver's license.
Not everyone hires a criminal defense attorney in those first critical weeks after the arrest. If you or a loved one did not, there is still hope of driving legally while the case is pending. A Travis County DWI lawyer like Chris Perri can help you apply for an occupational driver’s license while your regular license is suspended. For many people this is essential, as the last thing you need after experiencing an arrest is trouble getting to work. Yes, there are buses in Austin, but we all know the routes only make sense for some and buses often take much longer than driving. For many, it’s just not a feasible option.
However, it is important to understand that an occupational license is not free. In Travis County, applicants have to pay a $300 fee to the county clerk’s office and a $135 fee to DPS to obtain an occupational driver’s license.
A criminal defense attorney in Austin can help you navigate the process.
If all of this sounds overwhelming, don’t sweat it. The most important thing to remember is that the sooner you hire a knowledgeable defense lawyer, the sooner you’ll be back on the road legally. Your life doesn’t have to stop just because you’re dealing with a criminal charge. If you or a family member has recently been arrested for a DWI, don’t wait any longer to hire an attorney.
Chris Perri has been practicing for 20+ years in Austin and has successfully fought for hundreds of people. He’s helped countless Texans dismiss their cases and get their lives back in order. Your future isn’t over just because you were arrested for a DWI—not if you act now. Contact Chris Perri today at (512) 269-0260 or visit wwww.chrisperrilaw.com to schedule a free consultation.