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DUI & DRIVERS LICENSE SUSPENSION
Administrative License
Suspension (ALS)
An arrest for DUI
usually leads to a criminal case. In most instances,
the police officer also issues a “Notice of
Suspension/Temporary Driving Permit.” This is
generally because the person arrested refused to
submit to a breath or blood test, or did consent to
a breath or blood test and the result was an alcohol
concentration greater than 0.08. This begins a civil
action by DPS to attempt to suspend a person's
license.
DPS will
automatically suspend a license on midnight of
the 30th day following the date of arrest, unless, within ten
days of the arrest, you request a hearing
challenging the attempted suspension. DPS will
not suspend your license until after the hearing
concludes.
There are two important reasons to request an
ALS hearing. First, you may win (or the State
may fail to prove its case), in which case you
keep your license until resolution of the
criminal case. Second, we get a preview of the
State's criminal case, including discovery of
the police officer's reasons for the arrest
(usually in the form of a police report) and an
opportunity to cross-examine the police officer
(usually before the prosecutor is even aware of
the pending criminal case).
Exercising your right to an ALR hearing is
time-sensitive – please contact us immediately
so that we may preserve your license rights.
Work Permit
If your license
is suspended, either due to a DUI arrest or
conviction, or for any other reason, you may
petition the Court for a work permit (either in
the Court with jurisdiction of your criminal
case, or the Court in your county of residence).
A work permit is a restricted license that allows you
to meet your “essential needs” such as work or
school.
The Court may limit your driving to scheduled
times subject to an inspection that you do not exceed
your authorized hours.
If you drive
while your license is suspended, you may be
charged with a misdemeanor offense of Driving
While License Suspended. If you are on Community
Supervision, the State may file a Motion to
Revoke your Probation Supervision. If you
violate the conditions of your work permit you
may be charged with driving on a suspended
license.
If you have been
charged with DUI, fill out our online form or
call us at 678-CHAPMAN (678-242-7626) to start
your case review today at absolutely no cost to
you.
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