After an individual has been prosecuted and convicted of driving while intoxicated (DWI) offense or driving under the influence (DUI) of alcohol or drugs offense, they can face many penalties and punishments, including driver’s license suspensions.
Criminal license suspensions are separate from administrative license suspensions, where an individual’s license is suspended for refusing to submit to chemical alcohol testing or failing to pass an intoxication test. Administrative license suspensions occur before any prosecution or conviction of DWI charges.
An individual who has received an administrative license suspension in Texas can also have their driver’s license suspended as a form of punishment if they are convicted of a DWI-related offense.
If you have received a DWI-related administrative license suspension and have subsequently been charged with a DWI offense, it is important to hire an experienced DUI lawyer in Dallas who will make every effort to help you avoid additional periods of license suspension.
Commercial License Suspension Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you are concerned about a DWI conviction and potential driver’s license suspension contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Attorney Richard McConathy will help you fight your DWI-related charges to prevent a driver’s license suspension.
License Suspension After DUI Conviction in Dallas
According to Tex. Transp. Code Ann. § 521.344, if an individual is convicted of a DWI-related offense they can receive a driver’s license suspension as a penalty or form of punishment. The periods of suspension can vary depending on the type of DWI offense the individual has been convicted of and whether they have any previous DWI convictions.
An individual who has been convicted of the following DWI offenses will receive a license suspension for a period ranging from 90 days to one year:
- First DWI with a child passenger,
- First DWI,
- First DWI with an open container in the car, or
- First DWI assault.
However, if the individual is convicted of their second or subsequent DWI assault offense within five years of any previous DWI offense, their license can be suspended for 90 days to one year plus an additional one-year suspension.
An individual who is convicted of their second or subsequent DWI-related offense, except DWI manslaughter, can receive a driver’s license suspension for 180 days to two years. If the individual is convicted of their second or subsequent DWI offense within five years of any previous DWI conviction, their license can be suspended for a period of one to two years.
If an individual has been charged with DWI manslaughter, the period of suspension will range from 180 days to two years. If the offense is the individual’s second or subsequent DWI manslaughter within a period of ten years, their license can be suspended for 180 days to two years plus an additional one to two years.
Any license suspension period cannot begin before the date of the DWI conviction and must begin before the 30th day after conviction.
Under the Texas Transportation Code § 521.344(c), an individual who refused to submit to chemical testing and subsequently received a criminal penalty license suspension for the same offense, their period of administrative license suspension is credited towards their period of suspension for the DWI conviction. However, this is not available for anyone under the age of 21 or for anyone who has a previous DWI conviction.
Dallas Commercial Driver’s License Suspension After Conviction
Individuals who possess a commercial driver’s license (CDL) are subject to more stringent penalties for a DWI conviction. A first DWI-related conviction while operating any motor vehicle, can result in a disqualification to operate a commercial vehicle for a period of one year under Tex. Transp. Code § 522.081. If the offense involved transporting hazardous material, the disqualification period will increase to three years.
A person who possesses a CDL can be disqualified from driving a commercial vehicle for life if they are convicted of any combination of two or more of the following offenses arising out of separate incidents:
- Any DWI offense,
- Leaving the scene of an accident involving the CDL driver,
- Using a motor vehicle to commit a felony,
- Driving with a suspended or revoked CDL, and/or
- Causing the death of another person through negligent or criminal operation of a vehicle.
Additionally, any combination of two or more of the following acts arising out of separate occasions can result in a lifetime disqualification from commercial driving privileges:
- A conviction for any of the offenses listed above,
- Refusal to submit to alcohol testing,
- Having an alcohol concentration of .04 while operating a commercial vehicle, regardless of a conviction or criminal charges resulting from the offense, and/or
- Having an alcohol concentration of .08 while operating any motor vehicle, regardless of whether a conviction or criminal charges result from the offense.
Texas Juvenile DWI Conviction License Suspension
According to Tex. Transp. Code Ann. § 521.342, an individual who is under the age of 21 will automatically receive a one-year driver’s license suspension upon a conviction for a DWI-related offense.
Find A Dallas County Defense Attorney for DUI Conviction License Revocation | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today for a consultation about losing your driver’s license for a DWI offense throughout Dallas County in Texas. Richard McConathy is an experienced Dallas lawyer for DUI charges who will make every effort to help you avoid a driver’s license suspension for your alleged DWI offense.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.