The short answer is probably yes. In Texas the law requires an arresting officer to confiscate the Texas driver license upon an arrest for driving while intoxicated or driving under the influence by a minor. If you have an out of state license then the officer cannot confiscate that license. Usually the officer will give you a sheet called a Notice of Suspension and Temporary Driver Permit. This document allows you to continue to drive for a limited period of time. Whatever qualifications you had on your "regular" license also follow to the temporary permit. So, if you have a CDL, you can continue to drive a CDL vehicle. If your regular license was suspended then the paper permit will not give you any additional driving rights. So if your license was suspended for example because no insurance suspension then you cannot use the temporary permit to drive until you clear the other suspension issue.
Request an ALR Hearing
You have 15 days from the date of your arrest to request a hearing on your driver license. On the yellow sheet of paper you got from the arresting officer there is a small section at the bottom of the paper. Make sure you talk to an attorney who will request the hearing. In my practice, I request a driver license hearing for each client that hires me within the 15 days.
Contest the Hearing.
The burden of proof is much lower in an administrative hearing than in a DWI trial so it is likely that your license will be suspended. However that does not mean just roll over. The hearing is beneficial because it allows us to basically take a deposition of the stopping and arresting officer. We might find valuable information that we can use in your DWI case. Make sure the stopping and arresting officers attend the hearing thru the issuance of the right paper work. Make sure the Department of Public Safety can prove their case.
If you lose the Administrative hearing, obtain an Essential Needs license
In Texas most of the times you can obtain an Essential Needs License or Occupational License to drive to work and school and for household reasons. It is very important that you obtain this license so that you are not driving on a suspended license. If you drive on a suspended license you can be arrested.
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