An administrative license review hearing can be a very useful tool in handling your driver’s
license hearing. The hearing is held by the State Office of Administrative Hearings and is a
separate case from any DWI charge. However, because the driver’s license hearing and the DWI
charge deal with the same facts, the arresting officer can be questioned thoroughly during the
hearing to find out if there are issues that will help win the DWI charge.
If you are arrested for DWI the first and most important thing you need to do is request an
administrative driver’s license hearing. In a normal DWI arrest you will be given a Notice of
Temporary Driving Permit which includes the deadlines to request a hearing to prevent your
license from being suspended without a hearing.
What are those deadlines? 1.) You have 15 days from the date of your arrest to contact the Texas
Department of Public Safety and request a hearing to fight the suspension of your driver’s
license. Once that hearing is requested the Notice of Temporary Driving Permit will serve as
your license until the date of the hearing. 2.) If you miss the 15 day deadline then the “Notice of
Temporary Driving Permit” will serve as your driver’s license for 40 days. After the 40 days are
over your driving privileges will be suspended. This means you will either need to obtain an
occupational driver’s license or not drive until your driver’s license suspension is over.
Further, your license may be subject to suspension issues from events other than a DWI. These
include non-payment of surcharges, convictions for driving while license invalid, and driving
without insurance. Other issues may also arise. If you have moved to Texas make and have a
suspension from another state you may be able to get an occupational driver’s license in Texas
during the period of suspension from the previous state.
If you have any questions about the status of your driver’s license or need an occupational
driver’s license please do not hesitate to contact us.