DWI / Intoxication Cases—That’s All I Do
Can I Still Drive?
I was arrested for DWI and the police took my driver license. Can I still drive?
When you are arrested for DWI, in most cases, they will take your driver’s license. This does not mean you cannot drive. The fact that you were arrested for DWI does not change your driver license status immediately. However, there are important deadlines to protect your license and keep it valid.
You should have received a document called “Notice of Suspension and Temporary Driving Permit” when you were released from jail.
As you can see, the document is a temporary driving permit and is good for 40 days.
It is important to know that this permit does not create a driving privilege.
If you do not have a license or if it was expired, suspended, revoked, canceled or otherwise disqualified, the DIC25 permit does not give you the right to drive. But, if you were legally able to drive before your arrest, this permit authorizes you to continue driving for 40 days. It also covers operating a commercial vehicle.
Here in Bexar County, many people released from jail are not given this permit because it is lost somewhere in the booking and release process. This may be completely new information. If that is the case, you need to know two things: 1. We need to request your ALR hearing within the 15 day deadline and 2. You need this permit to drive. If you do not have this permit you can contact the arresting officer’s police department and request it. Your attorney can also request it for you and save you the trouble. If you have questions about your driver license or your DWI arrest, call me. I’ll be glad to help.
Hidden at the end of that bold paragraph, in the last sentence, is critical information. It tells you, “If you request a hearing, this permit will remain in effect until the administrative law judge makes a final decision in your case.” That means that this permit will be good beyond the 40 days if we request a driver license hearing within the required deadline from the date of your arrest. The permit remains valid until we have the driver license hearing and a judge decides whether your license should be suspended.