If your driver's license has been suspended or revoked following a Texas driving while intoxicated (DWI) charge, it can be reinstated after the suspension period is over. Being able to drive your car is probably incredibly important to you. It gives you the freedom to get where you want, when you want, without relying on others or public transportation. You should not have to be punished forever because of a mistake. If you follow the correct process with your attorney, you can get your license reinstated in most cases.
You deserve to have the best chance possible of getting your driver's license back. The Law Office of E. Jason Leach is dedicated to defending the rights of the accused. If you are looking to have your driver's license reinstated in the Odessa, Texas area, the Law Office of E. Jason Leach is ready to help.
Odessa, Texas Driver's License Reinstatement Lawyer
E. Jason Leach focuses exclusively on criminal defense law and has been doing so for over a decade. Since 2005, he has worked tirelessly to protect the rights of those accused of driving while intoxicated. He is a Texas board-certified expert in criminal defense and believes that all clients are entitled to the most vigorous defense possible.
People accused of a crime have constitutional rights that deserve to be protected. A criminal conviction can place an incredibly heavy burden on your life, but you do not have to simply accept the charges against you. You can fight back and work to avoid the difficulties of a criminal conviction. With the right help at your side, you can move forward confident that your rights are protected.
Offenses That Require Suspension
There are a number of different offenses that require a driver's license suspension in Texas. When a suspension occurs, a person's driver's license is taken away from them for a prescribed period of time. These offenses include:
- Driving While Intoxicated: Defendants convicted of drunk or drugged driving. - Tex. Transp. Penal Ann. § 49.04
- Administrative License Suspension: Individuals who refuse to comply with breath or chemical testing as part of DWI arrest - Tex. Transp. Code Ann. § 724.035
- Intoxication Assault: While driving and intoxicated, a person causes serious bodily injury to another person. - Tex. Penal Code Ann. § 49.07
- Intoxication Manslaughter: When a defendant is driving and intoxication and causes the death of another person. - Tex. Penal Code Ann. § 49.08
- Driving with a Suspended License: If a person operates a motor vehicle while their license is suspended or revoked, a longer suspension can be imposed. - Tex. Transp. Code Ann. § 521.457
- DWI with Child in Car: If a person is intoxicated behind the wheel and has a child passenger. - Tex. Penal Code Ann. § 49.045
If your driver's license was suspended as a result of one of these offenses, or for another reason, you can have it reinstated in most cases.
Suspension Periods in Texas
If an individual has been convicted of a DWI offense in Texas, their driver's license can be suspended for the following time periods.
- 90 days to one year for a first DWI, first DWI with a child in vehicle, first intoxication assault and first DWI with an open container
- 90 days to one year, plus another year for a subsequent intoxication assault within five years of any previous DWI
- 180 days to two years for a first intoxication manslaughter and a subsequent DWI offense (except intoxication manslaughter)
- 180 days to two years, plus another two years for a subsequent DWI manslaughter within a timeframe of ten years
- One to two years for a subsequent DWI offense within five years of any previous DWI
- One year for any DWI committed while the driver was under the age of 21
If a defendant received an administrative license suspension for failing to pass a chemical test or because they refused the testing, their driver's license can be suspended as follows.
- 180 days for a first refusal
- Two years for a subsequent refusal within ten years
- 90 days for a first failure to pass a chemical test
- One year for any subsequent failure by the defendant to pass a chemical test within the prior 10 years
- 60 days for a driver under age 21 if the defendant fails to pass a chemical test with any amount of alcohol in their system
- 120 days for a driver under age 21 that has a prior DWI conviction and if they fail to pass a chemical test with any amount of alcohol in their system
- 180 days for a person under the age of 21 that has two or more previous DWI convictions if they fail to pass an intoxication test with any amount of alcohol in their system
How to Reinstate Your Texas Driver's License
To get your driver's license reinstated, you will need to meet the requirements under Texas law. Your experienced attorney can help ensure you meet all of the requirements, which are as follows.
- The defendant must wait for the applicable suspension or revocation period for the driver's license.
- The defendant must pay the reinstatement fee to get back their driver's license. This fee is $125 for administrative license fee suspensions and $100 for DWI convictions or traffic offenses.
- Will have to maintain proof of SR-22 high-risk vehicle insurance with the Texas Department of Public Safety (TxDPS) for two years.
- Requirement to complete any necessary driving course, drug or alcohol treatment course, or other required courses depending on the nature of the conviction.
Consult an Experienced Odessa Driver's License Reinstatement Lawyer
If you or someone you care about want to get his or her driver's license reinstated in Odessa, TX or the surrounding areas, you need a knowledgeable, experienced attorney to fight for your constitutional rights.
You have the right to request your driver's license back if you fulfill all of the requirements. The Law Office of E. Jason Leach, PLLC is ready to help you get your right to drive back. To set up a free consultation contact the Law Office of E. Jason Leach today at (432) 552-7000.