When a person is arrested for DWI in Texas, an administrative proceeding is instituted by the Texas DPs to suspend that person's driver's license. This takes place immediately and notice of the action, and the applicable deadlines and other important information, are handed to the accused when released from custody or mailed shortly thereafter.
This is a completely separate legal proceeding from the criminal prosecution for DWI. A hearing can be requested to appeal the suspension, but it must be done within a certain amount of days from the notice. There are important facts and other procedural advantages a lawyer can use if given the opportunity to contest or appeal the suspension. Therefore, it is critical to retain an attorney as soon as possible.
If your license is suspended, you will have to file an Application for an Occupational (or Restricted) License. This is a legal proceeding in a separate court from your DWI prosecution. This is essentially a request to grant you the opportunity to drive for limited circumstances, at limited times and at limited locations (going to and from work, school or certain other household neccesities) while your driver's license is suspended. In Montgomery County, the Applications are filed in County Court at Law No. 2. Along with the Application, an SR-22, certified driving record and an affidavit with certain important information must be filed. The court then determines whether the Application should be approved and, if so, issues an Order defining the times, locations and purposes for which the person may drive.
There are restrictions as indicated above, additional costs, the requirement that the vehicle have an ignition interlock device and other restrictions and requirements. Again, it is critical to retain an attorney as soon as possible if you have been charged with a DWI.
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