Texas Drivers
License Suspension
Is Your Drivers
License Suspended?
How does driver
license reinstatement work?
How much does it
cost for driver license
reinstatement?
How can I reinstate
a suspension?
Is Your Drivers License
Suspended?
Make sure to check if your
license was suspended or not
when charged with a DUI. When a
driver is arrested he is
supposed to be given a choice of
a breath or blood alcohol level
test.
(1)If a test indicates
higher than .08 of blood-alcohol
or more, or
(2) a blood or urine sample is
taken for later analysis, or
(3) the individual refuses to
submit to chemical testing
The driver's license is
immediately confiscated by the
police (unless it is an
out-of-state license) and s/he
is issued a pink sheet of paper.
This paper serves as (1) a
formal notice of immediate
license suspended, (2) a
temporary license valid for 30
days and (3) a technical
explanation of the laws and
procedures involved.
It is essential to check if your
driver's license was suspended.
If this is a first offense, the
license will be suspended for 4
months. This can be reduced to 1
month followed by 5 months of
work restriction if the
individual files proof of
enrollment in a DUI school and
proof of insurance (the "SR-22"
form). If the case involves a
refusal to submit to chemical
testing, the suspension is for 1
year; no work restriction is
possible.
A 2nd offense within 10 years
carries a 1-year suspension, 2
years if a refusal. The
individual or the attorney has
fifteen days within which to
call to check the Drivers Safety
Office of the department of
motor vehicles to contest the
suspension at an administrative
hearing. This is called the
Administrative License
Suspension ("ALS"). This "ALS"
suspension is based upon the
so-called "implied consent"
laws: any person driving is
"presumed" to impliedly consent
to chemical testing if s/he is
suspected of drunk driving.
It would certainly seem,
however, that the procedure
violates the U.S. Constitution.
First, there appears to be a
presumption of guilt and lack of
due process: the officer is
judge, jury and executioner.
Second, it would seem to
constitute "double jeopardy":
the individual is being charged
with a criminal offense and
punished (including a license
restriction) in court and then
is accused in a separate
proceeding and punished again
with a license suspension. The
courts, however, have used
strained logic in concluding
that one is criminal and the
other administrative a license
suspension is simply an
"administrative sanction", not a
"punishment".
How does driver license
reinstatement work?
The first step is to enter
personal information such as
name, license number, and date
of birth. This step will also
allow you to view the fee
breakdown and will determine
eligibility.
The second step of driver
license reinstatement is to
change your address (which is
optional), or change the
driver's license number when it
is the social security number.
The third step is to view the
fee total and provide credit
card information.
The fourth step of driver
license reinstatement is to view
confirmation and print out or
write down your confirmation
number. The last step is an
optional survey.
How much does it cost for
driver license reinstatement?
The cost varies and includes all
reinstatement fees plus a
reapplication fee when
applicable.
How can I reinstate a
suspension?
Driver license reinstatement can
vary, depending on the reason
for the suspension. Certain
suspensions only require the
payment of reinstatement fees
after the suspension period is
over. Court ordered suspensions
may require a clearance from the
court. Suspensions as a result
of a Driving Under the Influence
(DUI) conviction, Implied
Consent violation or Mandatory
Insurance violation require the
filing of an SR-22 certificate
with MVD and payment of driver
license reinstatement fees after
the period of suspension is
over.
Gilbert G. Garcia, has practiced
Criminal Law since 1978 and has
been Board Certified in Criminal
Law since 1989. The Gilbert G.
Garcia Law Firm is the logical
choice to represent you in your
criminal case, providing the
quality legal services you
deserve in your most important
matters.
Free initial consultations and
reasonable fees. Personal
payment plans available and most
major credit cards accepted.
Many issues are able to be
handled via e-mail, phone calls
and fax and after hours and
weekend appointments are
available upon request to meet
the needs of each client.
Conveniently located on the
Montgomery County Courthouse
square since 1983.
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