Lubbock DWI Law Blog : Texas DWI Lawyer & Attorney : Stephen Hamilton Law Firm : TX Driving While Intoxicated, Field Sobriety Tests : Amarillo, Odessa

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Several times a week a talk to good folks who have been arrested for driving while intoxicated in Lubbock, TX or someplace else in west Texas.  Almost always the issue of whether their license is valid after being arrested is a question they have.  

The real confusion comes from the language the Texas Department of Public Safety uses and the multiple reasons or options a driver license can be lost.  So here are some basic points to keep in mind.  

ISSUE #1 SUSPENSION 

• If you are arrested for a DWI or a minor DUI in Texas and either refuse to give a breath or blood sample or if your over .08 on a breath test, the officer will confiscate your license.
• If you blow under .08 and are over 21 then the officer should not confiscate your license.  However. lots of officers do so anyway.
• If the arresting officer does take your Texas license he/she should give you a "Notice of Suspension, Temporary Driver Permit.
• If your license was valid at the time of your Lubbock DWI arrest then you are legal to drive on the permit for a limited period of time.
• The permit is good for 40 days IF you do nothing.  
• THE MOST IMPORTANT PART OF THE PERMIT IS THE SMALL PRINT AT THE BOTTOM OF THE PAPER THAT INFORMS THE PERSON THAT THEY HAVE 15 DAYS FROM THE DAY OF THEIR ARREST TO REQUEST A HEARING ON THE SUSPENSION.
• If a hearing is requested within the 15 day time period then the temporary permit is good until the hearing which will be long after the 40 day period.

Simple so far right?  

ISSUE #2 CANCELLATION 

Now let's say that when the person was arrested as a condition of bond the court or magistrate required an interlock device to be installed.  Texas law allows the court to do this if the person has been previously CONVICTED of a DWI.  Side note, if you plead to an offense that was not a DWI in the past make sure you tell your lawyer so he or she can get the interlock order removed.  

• If you are ordered to have an interlock and that order is sent to DPS then DPS will CANCEL your Texas license and require you to pay $10.00 and provide proof that you have the interlock in the vehicle.
• This is a type of "restricted license" that you can operate a vehicle so long as the interlock is in the vehicle.

The confusion lies in the canceled verse suspended language.  Bottom line is that if you are required to have the interlock and you have the notice of suspension paper then you can drive on the paper license so long as you also have the interlock in the vehicle and have complied with the restricted license provisions such as paying the $10.00 fee.

One last note, when the court allows the removal of the interlock, DPS must receive an order in order to remove the requirement from your license.