Can I receive a temp driving permit for school after a DWI arrest?

Asked about 1 year ago - San Antonio, TX

Hello. Im a 26 year old dental student.
-I was pulled over Saturday night and the cop didn't tell me why
-walked in a straight line and followed his pen with my eyes
-Said he is taking me to the station because he smelled alcohol on my breath
-Was arrested and my car was towed
-Had blood drawn
-As I was released Sunday afternoon, I wasn't given a temp permit, but the officer there said I should've gotten one.
-The arresting officer was now gone for the weekend, and I have to get a hold of him on Monday.
- I need a car to drive to school as well as city-wide dental clinic rotations
-I don't know if that other officer knew my case, but should I expect any problems getting my license?
-Is there anything in my details that was not correct in how they handled me?

Attorney answers (4)

  1. James Richard Butler

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . Your license is not currently suspended, but will be if you take no action. The important thing for you to do right now, is to hire an experienced DWI attorney. You have 15 days from the date of arrest to request an administrative hearing which could save your drivers license from suspension. That request will postpone the suspension until after the hearing. If the hearing is not requested, you can expect a suspension 40 days after the date of arrest. If the license is ultimately suspended, you can apply for an occupational license from the court. This will allow you to drive up to 12 hours a day in the performance of your occupation or trade, in the performance of household duties, or to attend church. Some judges are very strict on the amount of hours they will allow you to drive, and will only allow you to drive back-and-forth to work. Many judges require an interlock device to ensure that you're not using alcohol while driving on their license. There are many fine lawyers in your jurisdiction, and most of them offer a free consultation. I suggest you get on the phone and start making appointments first thing tomorrow morning. Hope this answer helps.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or... more
  2. Jodi Soyars

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . The arresting officer should've provided you with a "Notice of Suspension/Temporary Driving Permit." The fact that he didn't is not standard protocol, but it is something that does happen on occassion. The Notice tells you that your license will be suspended for 180 days starting approximately 40 days after the date you received the notice if you refused to blow (which is what it sounds like happened since you had a blood draw). However, if within 15 days of the arrest you request a hearing, then that suspension will be tolled until there is a ruling on your hearing.

    In order to get a copy of the notice that should have been provided to you, you are correct in that you have to go back to the officer that should've provided it to you and get a copy. If you are stopped without it in your possession, you can be ticketed for driving without a license, but not driving while license suspended (unless your 40 days has passed and you have not preserved your right to have the hearing).

    Because the officer failed to provide you a copy of the notice, the very best thing to do at this point is retain an experienced DWI attorney to handle the situation from here so that no other mistakes are made as a result of it. There are many of us here on AVVO.com.

    Finally, I disagree with my colleague that suggested an occupational license at this point and my other colleague that suggested that you go and get another license right now. First off, it is not clear whether you will even need an occupational license, until after we have exhausted our efforts to defend you in the hearing. Second, occupational licenses are not free and those finances should be allocated to putting you in the best position to actually beat the DWI itself, before we start obtaining licenses that may not even be necessary in the end. Finally, in regards to trying to obtain a license . . . I do not advise that because technically you are aware that you are under a notice of suspension and any claims that state otherwise would not be truthful and may only serve to complicate the issue rather than help you. So, contact the arresting officer today and obtain a copy of the notice of suspension and then let your attorney do the rest.

    This answer is for informational and educational use only. This answer does not create attorney-client... more
  3. Thomas Crosby Stephenson

    Contributor Level 13

    5

    Lawyers agree

    Answered . Yes, you can often get what's called an Occupational Driver's License that would allow you limited driving privileges, normally for the purpose of going to work or school. Contact a local defense attorney.

  4. Gene Raymond Beaty

    Contributor Level 15

    5

    Lawyers agree

    Answered . Good News! You are a legally authorized driver with all your privileges that you had before your arrest. The only thing that you lack is a drivers license certificate, which is what the cops took from you. You can drive although you are at risk of driving without the certificate. For that reason, you need to do 3 things-1 Request an ALR hearing. See the link below for specific instructions 2 Go go DPS and pay to replace your "lost" license as soon as practicable. 3 Hire a top DWI attorney asap.

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