Being arrested on suspicion of drunk driving is a serious matter. Criminal charges for Driving While Intoxicated (DWI) can result in a number of penalties, but even if you are not charged with or convicted of DWI, you could face the suspension of your driver’s license. By understanding when a license suspension will apply, when you can request an administrative hearing, and how you can regain your driving privileges, you can determine your best options in these situations.

Administrative License Revocation (ALR)

When a police officer has probable cause to believe that a person was driving while under the influence of alcohol, drugs, or any other substances that impaired their ability to operate a motor vehicle safely, they may perform an arrest. After taking the person to a police station, the officer will request a sample of their breath or blood, which will be used to determine whether they were legally intoxicated while they were driving. When requesting a breath or blood sample, the officer will provide a warning detailing the consequences the person will face if they refuse to give a sample or if they are over the legal blood alcohol limit.

Drivers over the age of 21 may “fail” a test if an analysis of their blood or breath shows that they have a blood alcohol concentration (BAC) of at least .08 percent or that they have any detectable amount of an illegal controlled substance in their system. Drivers under the age of 21 may fail a test if they have any alcohol in their system. For drivers over the age of 21, the failure of a breath or blood test will result in a 90-day suspension of their driver’s license. For drivers under the age of 21, the failure of a blood or breath test will result in a 60-day license suspension. Any driver who refuses to submit to a test will face a 180-day license suspension. 

There are multiple different types of offenses that may be considered theft, and they generally involve the misappropriation of someone else’s property with the intent to deprive that person of ownership of money or physical items. Retail theft, which is commonly known as shoplifting, is one of the most common offenses that fall under this category. Those who have been accused of retail theft will need to understand the exact nature of the charges and the potential penalties they may face if they are convicted.

Misdemeanor or Felony Retail Theft

The Texas Penal Code generally does not distinguish retail theft from other forms of theft, and the charges a person may face will depend on the value of the items that were allegedly stolen. These charges may include:

• Class C misdemeanor - This charge will apply if the value of property stolen is less than $100. A conviction will result in a fine of up to $500.

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Over the past decade, the use of marijuana has become more and more acceptable in the United States. For many, this drug is similar to alcohol in that it has enjoyable effects without causing problems for a person’s overall health. In fact, it may even provide health benefits for some, and its use as a medical treatment for mental health issues such as anxiety or physical problems such as chronic pain has become more common. Because of these changing attitudes, several states have either legalized or decriminalized marijuana, and the drug may be available for medical use or even for recreational purposes in many areas. However, the state of Texas still considers marijuana to be an illegal drug, and residents of the state will need to be aware of the potential penalties they could face if they are arrested and charged with possession of marijuana or THC.

Possession of “Marihuana” in Texas

The Texas Health and Safety Code refers to marijuana as “marihuana,” and it states that a person can face criminal charges if they intentionally or knowingly possess any usable amount of the drug. These charges may apply even if marijuana was purchased legally in another state and brought into the state of Texas. The penalties that a person can face for possessing marijuana plants, seeds, or other compounds containing marijuana will depend on the amount of the drug found in a person’s possession. These penalties include:

• Up to two ounces: Class B misdemeanor

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If your driving privileges have been suspended or revoked due to a conviction on DWI charges or for any other reason, you know how hard it is to manage modern life without being allowed to drive. Public transportation is available in North Texas, but if we are being honest, riding a bus or train is nowhere near as convenient as driving yourself.

There is no excuse for driving on a suspended license, and getting caught doing so will leave you subject to serious criminal penalties. Texas law, however, gives you the option of applying for an occupational license—also called an “essential need” license—so that you can keep up with your life despite your license suspension.

Understanding the Occupational Driver’s License

There are consequences for breaking the law, and sometimes those consequences include the suspension of your driving privileges. However, Texas lawmakers have recognized that it is not necessarily in the public interest to enforce a license suspension if it means that the offender will not be able to work or care for his or her family. With this in mind, the state’s occupational driver’s license program offers a way for the state to balance punitive measures against an offender and the needs of the people who depend on the offender, including his or her employer and family members.

When you have been arrested and accused of committing a crime, it can feel like you have no control over your situation. The Texas criminal justice system can be confusing, and the penalties for a conviction can be harsh. While you cannot control most of your situation, you do have certain rights that cannot be violated by the police, prosecutors, or the court. Many of these rights are guaranteed by the United States Constitution to ensure that all citizens are afforded due process of law. If you or a loved one were charged crime, read on to learn about some of the rights that criminal defendants have when facing prosecution.

The Presumption of Innocence and Reasonable Doubt

Being charged with a crime does not mean you are guilty. In the state of Texas, the burden is on the state to prove beyond a reasonable doubt that you committed the crime for which you are being charged. It may surprise you to learn that the presumption of innocence is not a right guaranteed by the Constitution. However, it is explicitly stated in Section 2.01 of the Texas Penal Code, and the idea has been upheld by the United States Supreme Court.

The Right to Remain Silent

The Fifth Amendment to the Constitution guarantees that no person shall be forced to testify against himself or herself. This right begins as soon as you begin interacting with law enforcement. Before you can even be questioned by police, the police are required to remind you of this right as part of your “Miranda” warnings. You are not required to answer questions or make any statements to the police, and you cannot be forced to testify against yourself at trial. The finder-of-fact in your case—namely, a judge or jury—cannot use your silence to infer your guilt.