TFDP provides local legal help to people with suspended licenses, works to change policies that use driver license suspensions to punish the poor, and serves as a statewide resource to people facing these challenges.
Individual Representation
TFDP provides free legal help to clients in the Austin/Travis County surrounding area who have had their licenses suspended due to court debt.
Clinical Programming
With
community partners, TFDP holds at least eight Driver License Recovery Clinics a year. At these clinics, individuals meet with volunteer attorneys and law students who research why their driver license is suspended, help them fill out financial affidavits and applications to request non-monetary options for payment of their fines and fees, such as community service or waiver.
Learn more about our driver's license recovery services in the video below.
Texas Fair Defense Project works with directly impacted people, community, and allies to push for reforms to programs that suspend driver licenses for inability to pay.In the 2019 legislative session, TFDP helped to pass a bill that repealed the Driver Responsibility Program, which levied outrageous surcharges on people for poverty-related driving offenses and suspended licenses when people could not pay. With the repeal of this program, hundreds of thousands of people will now be eligible to get their licenses back, and $2.5 billion in debt has been forgiven.
This means more people on the road legally, and fewer threats to safety, wellbeing and economic stability through warrants or jail time.
If you win a not guilty verdict in your Texas DWI criminal case, you will not face criminal penalties. This includes the driver’s license suspension associated with a conviction. However, Texas law creates two separate cases when someone gets arrested for drunk or drugged driving. While you face no criminal penalties, your Administrative License Revocation may still be in effect.
Because the criminal and administrative cases against you are completely separate, you may receive a not guilty verdict from the courts, but the Texas Department of Public Safety continues to have a suspension on your driver’s license.
Understanding the Administrative License Revocation
When stopped and arrested on suspicion of a DWI in Texas, everyone receives an automatic driver’s license suspension. This is the Administrative License Revocation (ALR) as overseen by the Texas Department of Public Safety.
The ALR is independent of your criminal case. The only way to avoid it is to challenge it within 15 days of your arrest and win this challenge.
Because the ALR period goes in to effect as soon as 40 days after your arrest, and the court system is full of delays, you may be well into this revocation by the time your case goes to court. The time without your driver’s license because of an ALR may be as little as 90 days.
Challenge Your ALR While You Can
Filing for a hearing and fighting the ALR is one of the first things you will need to get to work on after bailing our following your arrest. You must follow certain procedures and request this hearing in writing. If you enlist our help early enough, we can help you request and represent you at this hearing.
When the date of your ALR arrives, an administrative law judge will hear the evidence against you as well as listen to our defense. Then, they will decide whether there is a strong enough case to show you drive while intoxicated.
It is important to remember that, while the facts of the case are the same, this hearing only determines if the Texas Department of Public Safety will revoke your driving privileges. This civil proceeding may allow us to understand how your criminal case could go, but it has no bearing on the outcome.
You May Be Able to Get Limited Driving Privileges During Your ALR
If we lose your ALR hearing or if you failed to challenge it, you may be eligible to petition for an occupational license. If the court approves this type of limited driving permit, you can drive to a small number of fixed locations. This may include:
- Work
- School
- Necessary household errands
- Doctor’s appointments
- Court-ordered appointments
- Court
For some people, getting approved for an occupational license prevents them from losing their job or dropping out of school, or other devastating effects of this type of penalty.
You may need to install an ignition interlock device and take steps to get SR22 insurance before the court allows you to drive on an occupational license.
Getting Your Texas Driver’s License Back After Your ALR
If you do not appeal your ALR in the first 15 days, or if you lose the challenge, there is no other action you can take to lift the revocation until it is over.
Once the revocation period ends, you must take several steps to get your license reinstated. This is true no matter if you received an occupational license or not.
This process includes:
- Paying a reinstatement fee of $125.00
- Filing a Texas Department of Public Safety form for reinstatement
This process of getting your Texas driver’s license back is not always easy and straightforward. If we handle your DWI case, we can also walk you through this step in the process. We understand how important your driving privileges are to you, and we can ensure you have all the necessary information and fees to get your license reinstated as soon as your ALR ends.
Eddington Worley Attorneys Can Help You Fight DWI Charges in Texas
If the police arrested you on suspicion of DWI or if you face DWI charges, the Texas DWI defense team from Eddington Worley Attorneys is here to help. Let us protect your rights and build a strong defense on your behalf.
Call us today at 855-600-6695 to get started right away and learn more learn more.