License Reinstatement & Occupational Licenses in San Antonio: Getting Back on the Road After a DWI Suspension
A DWI arrest in San Antonio triggers an immediate and severe threat: the loss of your Texas driver’s license. Whether through the Administrative License Revocation (ALR) program or a final conviction in court, having your driving privileges suspended isn’t just an inconvenience—it’s a crisis that threatens your ability to work, care for your family, and fulfill daily responsibilities. The complex bureaucracy of the Texas Department of Public Safety (DPS) can feel designed to keep you off the road.
At Barton & Associates, our San Antonio DWI defense attorneys understand that your livelihood depends on your ability to drive. We don’t just defend your criminal case; we provide a comprehensive defense that includes fighting for your driving privileges from day one. We guide clients through every step of the license reinstatement process and aggressively pursue Occupational Driver’s Licenses (ODLs)—court-ordered permits that allow essential driving during a suspension. Our goal is to secure the maximum legal driving privileges possible at every stage of your case, protecting both your freedom and your mobility.
The Dual Threat: How a DWI Suspends Your License in Texas
Understanding the two separate processes that can suspend your license is critical to planning your defense and reinstatement strategy.
1. Administrative License Revocation (ALR): The Immediate 40-Day Suspension
The ALR process is a civil, administrative action by the Texas DPS that runs parallel to your criminal DWI case. It is triggered the moment you are arrested for DWI.
- The 15-Day Deadline: Upon arrest, the officer will confiscate your physical license and issue a temporary permit. You have only 15 calendar days from the arrest date to formally request an ALR hearing to fight the suspension.
- Automatic Suspension: If you miss the deadline or lose the hearing, your license will be automatically suspended 40 days after your arrest. This suspension happens regardless of whether your criminal case is pending, dismissed, or won.
- Suspension Periods:
- Failed Breath/Blood Test (BAC ≥ 0.08): 90-day suspension for a first offense.
- Refusal to Submit to a Breath or Blood Test: 180-day suspension for a first refusal.
2. License Suspension from a Criminal DWI Conviction
If you are ultimately convicted of DWI in court, the judge will order an additional license suspension as part of your sentence. This penalty is separate from and consecutive to any ALR suspension.
- First DWI Conviction: A license suspension for 90 days to one year.
- Second DWI Conviction: A suspension for up to two years.
Navigating the overlap between an ALR suspension and a conviction-based suspension requires precise legal knowledge to minimize your total time off the road.
Your Legal Lifeline: The Texas Occupational Driver’s License (ODL)
An Occupational Driver’s License (ODL) is a restricted license granted by a Texas court that allows you to drive for essential purposes while your regular license is suspended, whether due to an ALR loss or a conviction.
Crucially, an ODL is not automatic. It requires a successful petition to the court. This is where experienced legal representation is vital to prove your necessity and overcome state objections.
Who is Eligible for an Occupational License in Texas?
You may be eligible for an ODL if:
- Your license is suspended for a DWI-related ALR action or conviction.
- You have no other outstanding suspensions or warrants unrelated to the DWI.
- You can demonstrate a “necessity” to drive for work, school, or essential household duties.
Essential Driving Purposes Defined by Law
An ODL restricts you to driving only at specific times, on specific routes, and for specific purposes. The law allows driving for:
- Work-Related Purposes: Travel to and from your place of employment, and driving during the course of your job duties if required.
- Educational Purposes: Travel to and from an accredited school or educational institution.
- Essential Household Duties: Driving to perform essential household duties for you or a member of your household, such as grocery shopping, medical appointments, or transporting family members.
Our Strategic Two-Track Approach to Protecting Your Right to Drive
At Barton & Associates, we attack the problem of license suspension on two fronts simultaneously.
Track 1: The Proactive Fight at the ALR Hearing
We never advise clients to passively accept an ALR suspension. Requesting the hearing is a critical defensive move. At this hearing, our attorneys:
- Cross-examine the arresting officer under oath, locking in their testimony and exposing weaknesses in their procedure long before the criminal trial.
- Challenge the legality of the stop and arrest, the administration of field sobriety tests, and the reliability of breath or blood test results.
- Win the hearing and prevent any suspension from occurring in the first place, which is the best possible outcome.
Even if the hearing is lost, the discovery and testimony gathered become powerful tools for your criminal defense and demonstrate to the court your proactive efforts, which can support a later ODL petition.
Track 2: Securing Your Occupational Driver’s License
If a suspension is imminent or in effect, we immediately begin the ODL process.
Step 1: The Meticulous ODL Petition
We prepare and file a verified petition in the appropriate Bexar County court (often the county where you reside or where the offense occurred). The petition must be precise and compelling, including:
- A detailed affidavit from you outlining your necessity to drive for work, school, and household sustenance.
- A supporting affidavit from your employer on company letterhead, confirming your work hours, job duties requiring driving, and that your employment is at risk without a license.
- Proof of SR-22 Insurance (a high-risk financial responsibility certificate) filed with the DPS.
- Payment of all required state filing fees and reinstatement fees.
Step 2: The Court Hearing & State’s Opposition
The Texas District Attorney’s office has the right to contest your ODL petition. They often do, especially in DWI cases. At Barton & Associates, we are prepared for this fight. We advocate before the judge, arguing that your livelihood and your family’s welfare depend on this restricted privilege. We counter the state’s arguments about public safety by emphasizing the restrictive, essential-only nature of the ODL.
Step 3: Navigating ODL Restrictions & Compliance
Once granted, strict compliance is non-negotiable. The court order will specify:
- Allowed Driving Hours: Often a 12-hour window (e.g., 6 a.m. to 6 p.m.) that must cover all work, school, and essential trips.
- The Requirement to Carry the ODL Order: You must carry a certified copy of the court order in your vehicle at all times, alongside your valid ODL permit issued by DPS.
Driving outside these restrictions is a Class B misdemeanor (jail time and a new suspension) and will result in the immediate revocation of the ODL.
The Final Step: Full License Reinstatement After Suspension
When your suspension period ends, your license is not automatically reinstated. You must proactively satisfy all of DPS’s requirements to have your full driving privileges restored.
The DPS Reinstatement Checklist:
- Serve the Full Suspension Period: Complete the entire term of your ALR and/or conviction suspension.
- Pay All Required Fees: This includes a $125 reinstatement fee to DPS, plus any other outstanding fines or fees owed to the court or DPS.
- Maintain SR-22 Insurance: You must carry valid SR-22 insurance for two years from the date of your conviction or the start of your suspension.
- Complete Required Courses: If ordered by the court, provide DPS with proof of completion for a DWI Education Program or Repeat Offender Program.
- Clear Any Other Holds: Ensure there are no other outstanding suspensions or warrants on your driving record.
One missed item will halt the entire process. Our team helps clients navigate this bureaucratic checklist, ensuring every box is checked for a smooth reinstatement.
Why Choosing the Right Attorney Matters for Your ODL and Reinstatement
- Understanding of Local Judges & Prosecutors: Success in ODL hearings often depends on the courtroom. We know the preferences and tendencies of Bexar County judges and prosecutors, allowing us to tailor our petitions and arguments for the highest chance of approval.
- Integrated Defense Strategy: We don’t treat your license issues as separate from your criminal case. Strategies used in the ALR hearing inform the criminal defense, and outcomes in the criminal case affect our ODL strategy. This holistic approach provides the best overall result.
- Precision with Paperwork and Deadlines: The DPS and Texas courts are unforgiving of errors and missed deadlines. Our meticulous attention to detail in preparing petitions, affidavits, and compliance documents prevents costly delays or denials.
- Compassionate Advocacy for Your Daily Life: We listen to understand how a suspension impacts you personally—your job as a tradesperson, your need to take children to daycare, your commute to night school. We translate that personal necessity into powerful legal arguments the court must consider.
Take Immediate Action to Protect Your Right to Drive
Time is your enemy after a DWI arrest. The 15-day ALR clock starts immediately. The sooner you act, the more options you have.
- Do Not Drive on a Suspended License: Doing so is a new criminal offense that will extend your suspension and jeopardize any chance of an ODL.
- Contact Barton & Associates Immediately: Call us the moment you or a loved one is arrested. We have offices in San Antonio, Austin and Corpus Christi, Texas and request the ALR hearing immediately to preserve all avenues for protecting your license.
- Gather Employment Documentation: Start obtaining a letter from your employer detailing your work hours and need to drive.
Your ability to drive is fundamental to your life in San Antonio. Let us fight to protect it.
Contact Barton & Associates today at 210-500-0000 for a confidential, free consultation. You can also use our online Free Consultation form. We will analyze your situation, explain your options for an Occupational License, and begin building your defense to get you back on the road legally and safely. Don’t face a license suspension alone.
Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
