Driver’s License Suspension in Austin

A DWI arrest in Austin can trigger two separate legal processes at once: a criminal case and an administrative action that can suspend your driver’s license before your case ever reaches a courtroom. These processes operate under different rules and timelines, and missing a key deadline in the administrative process can cost you your license regardless of how the criminal case resolves.

If you are facing a license suspension, our defense attorneys at Gunter, Bennett, & Anthes can review your situation and advise on the next steps. Call (512) 476-2494 or contact us online for a free consultation.

How License Suspension Happens After a DWI Arrest

A license suspension after a DWI arrest typically occurs through the Administrative License Revocation (ALR) process, a proceeding that is entirely separate from the criminal case and focuses solely on whether your driving privileges should be suspended.

Texas Transportation Code Chapter 724 addresses implied consent and administrative license suspensions. Under this law, the Department of Public Safety (DPS) may move to suspend a driver’s license when:

• A breath or blood test shows a BAC of 0.08 or higher
• The driver refuses to submit to chemical testing
• The driver was arrested based on probable cause for intoxication

The ALR process begins at arrest and moves fast. Staying on top of this timeline is one of the most important things you can do in the days immediately following a DWI arrest.

The 15-Day Deadline to Request an ALR Hearing

A driver has 15 days from the date the suspension notice is served to request an ALR hearing. If a request is filed within that window, the suspension may be delayed until the hearing concludes. If no request is made, DPS may automatically suspend the license when the deadline passes. 

When a hearing is requested, the following issues may be examined:

• Whether the officer had reasonable suspicion to stop the vehicle
• Whether probable cause existed for the arrest
• Whether testing procedures were properly administered
• Whether the driver refused or failed a breath or blood test

These hearings can sometimes reveal problems with the stop, the arrest, or the testing process that affect how the suspension is handled.

Why it’s important to fight your driver’s license suspension  

Contesting your driver’s license suspension can be helpful in fighting your underlying DWI charge. The driver’s license hearing itself is a separate process, but the evidence obtained as part of the driver’s license suspension hearing is often times the exact evidence in your DWI case. Fighting your driver’s license suspension allows your attorney to get the evidence faster, and it also allows your attorney to cross-examine the arresting officer. At your driver’s license hearing, if the officer shows up, he or she is sworn in under oath, and the testimony is recorded so that if there is a trial in your actual DWI case, the officer’s testimony will be nailed down. It’s important you contact an attorney who knows how to use a driver’s license suspension hearing as a tool to fight your DWI charge. 

Why Clients Turn to Gunter, Bennett, & Anthes

Driver’s license suspension in Austin involves both administrative procedures and criminal court proceedings running on separate tracks. At Gunter, Bennett, & Anthes, we know that addressing these issues requires careful attention to deadlines, evidence, and procedural requirements. Our case results speak for themselves.

Our attorneys focus on:

• Reviewing the details of the arrest and suspension notice
• Preparing for ALR hearings
• Identifying issues related to probable cause or testing procedures
• Advising clients about occupational license options when available

Because the administrative process moves quickly, having our Austin driver’s license suspension lawyers evaluate your situation early can help preserve your options.

FAQ: Driver’s License Suspension in Austin

What Options Do I Have if I Missed the 15-Day ALR Deadline?

Missing the filing deadline typically means the suspension will proceed automatically. However, options may still exist depending on the circumstances. In some cases, it may be possible to seek an occupational driver’s license that permits limited driving for essential purposes such as work, school, or medical appointments under Texas Transportation Code § 521.242. 

Can I Still Drive While Waiting for an ALR Hearing?

In many situations, drivers may continue driving temporarily if a hearing request is filed before the deadline. The suspension typically does not take effect until the ALR hearing process concludes, which gives you time to address the situation while still being able to drive.

What Happens if the Criminal DWI Case Is Dismissed or Reduced?

The ALR process and the criminal case are separate proceedings with independent outcomes. A dismissal or reduction in the criminal case does not automatically reverse an ALR suspension. Conversely, a license suspension through the ALR process does not prevent you from fighting the criminal charges. Each proceeding must be addressed on its own terms and timeline.

What if I Am Caught Driving on a Suspended License?

Driving on a suspended license in Texas is a separate offense under Texas Transportation Code § 521.457 and can result in additional fines, an extended suspension period, and potentially jail time depending on the circumstances. If the original suspension stemmed from a DWI arrest, the consequences of a driving while suspended charge can compound quickly. Avoiding this situation is one of the strongest reasons to pursue an occupational license if you need to drive during a suspension period.

Talk With Our Austin License Suspension Lawyers Today

A suspended license can affect nearly every part of your daily life. Because the administrative process involves strict deadlines and procedural requirements, addressing the issue quickly helps preserve your options. Call (512) 476-2494 or contact us online for a free consultation with our driver’s license suspension attorneys at Gunter, Bennett, & Anthes.