Why do officers take away your drivers license?

As a Houston DWI Attorney I represent a lot of individuals who are charged with Driving While Intoxicated.  These cases are very complex and there are always multiple things going on at once.  One perfect example is the individuals’ driver’s license and what happens to it when you get charged with DWI.  If you are a defendant and you are charged with DWI you are probably going to have your license taken away.

One of the first questions I usually get is, “is my license suspended?”  The answer is NO!  For some reason law enforcement officials are trained to take your driver’s license away when you are charged with DWI.  They do not care if you are innocent or guilty; they just automatically take it from you.  They usually end up giving you a temporary driving permit which is good for 40 days after the date of arrest.  But why do they take your actual license away?

From talking with officers it seems the reason is that they assume that defendant in DWI’s are not going to request an Administrative License Revocation (ALR) Hearing within 15 days of their arrest.  When a defendant doesn’t request an ALR, then the license is automatically suspended after 40 days.  The problem with assuming is that it hurts the individuals who do request the ALR.

So if this happens to you it is important to contact a good Houston DWI Attorney who can advise you what to do to get your real license back.  It can be very annoying having a paper license with no picture.  Sometimes it’s not even about the license itself, but more about having an ID.  And why should you not have your license when it’s not legally suspended?  It makes no sense, and in order to get the license back as soon as possible make sure to contact a DWI Lawyer in Houston who knows what to do to help you.

Eric Benavides
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Eric Benavides

Criminal Defense Attorney at Benavides & Serrano
Eric Benavides is a Houston Criminal Defense Attorny and immigration lawyer.He is one of the co-founders of Benavides and Serrano.He is a member of the Harris County Criminal Defense Lawyers Association, Texas Criminal Defense Lawyers Association, Houston Young Lawyers Association, and is licensed to practice law in the state by the Supreme Court of Texas and federally by the Southern District of Texas.
Eric Benavides
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