# how can I get my license back? **URL:** \ **Category:** Factual Questions\ **Created:** [April 29, 2004, 7:02pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722 "2004-04-29T19:02:58Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![nevermore](https://avatars.discourse-cdn.com/v4/letter/n/a587f6/32.png) [@nevermore](https://boards.straightdope.com/u/nevermore)\ **Post date:** [April 29, 2004, 7:02pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/1 "2004-04-29T19:02:58Z")
My license is currently suspended until August 26th for refusing the breathalyzer when I was taken in for a DWI. I work late at night, when buses don’t run. I need my car. Paying for taxis sucks quite a bit of ass. Is there ANY way, ANY amount of money I can pay, ANYTHING I can do to get my license back, even provisionally? and, how about after (if) I’m convicted of the DWI and they suspend it again? Is there anything I can do then? ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [April 29, 2004, 7:08pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/2 "2004-04-29T19:08:55Z")
Grovel to the judge? It tends to work here in the UK. If you’re young and female you could point out the danger of being a young woman walking long distances on darkened streets… OTOH if your license is suspended for just a short time, then I suggest you live with it. ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [April 29, 2004, 7:11pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/3 "2004-04-29T19:11:02Z")
Whoops, missed the suspension to Aug 26th. ---
**Author:** ![alice\_in\_wonderland](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alice_in_wonderland/32/176_2.png) [@alice\_in\_wonderland](https://boards.straightdope.com/u/alice_in_wonderland)\ **Post date:** [April 29, 2004, 7:21pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/4 "2004-04-29T19:21:20Z")
> [@nevermore](#): > > My license is currently suspended until August 26th for refusing the breathalyzer when I was taken in for a DWI. > > Is there ANY way, ANY amount of money I can pay, ANYTHING I can do to get my license back, even provisionally? > > and, how about after (if) I’m convicted of the DWI and they suspend it again? Is there anything I can do then? I believe if it’s currently suspended, pending trial, in some jurisdictions you may be able to apply to the court to have it temporarily reinstated. I believe that if you’re convicted, in most jurisdictions, your hooped until the end of the sentence. I’m sure someone with more knowledge about your specific jurisdiction will be in soon. Why did you refuse the breathalizer? ---
**Author:** ![Excalibre](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@Excalibre](https://boards.straightdope.com/u/Excalibre)\ **Post date:** [April 29, 2004, 7:31pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/5 "2004-04-29T19:31:59Z")
I doubt it. Why would you think you’d be able to get out of your court sentence? You can’t get out of prison just because you really want to. BTW, the “Implied Consent” laws make it legal for them to suspend your license for refusing a breathalyser test. Don’t drink and drive next time. ---
**Author:** ![zoltar7](https://avatars.discourse-cdn.com/v4/letter/z/b38774/32.png) [@zoltar7](https://boards.straightdope.com/u/zoltar7)\ **Post date:** [April 29, 2004, 7:34pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/6 "2004-04-29T19:34:59Z")
Is this suspension ordered by the court, or an administrative suspension imposed by the Department of Licensing or its equivalent in your state? If it’s an administrative suspension, is there a process for you to request a hearing to contest the suspension? (In Washington state, you would’ve been notified of how to request such a hearing at the time the state notified you of the suspension.) **Please get a lawyer if you do not already have one and ask her this question.** ---
**Author:** ![Enginerd](https://avatars.discourse-cdn.com/v4/letter/e/bcef8e/32.png) [@Enginerd](https://boards.straightdope.com/u/Enginerd)\ **Post date:** [April 29, 2004, 9:30pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/7 "2004-04-29T21:30:55Z")
> [@zoltar7](#): > > Please get a lawyer if you do not already have one and ask her this question. I second this. A friend of mine had a DWI in Maryland, and he was able to get an exemption from the suspended license to travel back and forth to work, and to drive while he was on the clock (he was a landscaper who regularly drove company trucks). He had to provide a letter from his employer at a DMV hearing - I don’t have any idea what you’d have to do in Texas. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [April 29, 2004, 10:06pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/8 "2004-04-29T22:06:10Z")
Her is some relavent info regarding suspended licenses in Texas: > **[DWI And Driver License Suspension | Trichter & LeGrand](https://www.texasdwilaw.com/driver-license-suspension/)** > > Driver License Suspension -Learn about how you can fight a DWI and Driver License Suspension from experienced DWI lawyer Gary Trichter. > [@](#): > > When a driver either fails or refuses to submit to a breath/blood test, the resulting suspension against his or her driving privileges becomes effective forty (40) days after the driver was asked to provide a breath or blood specimen. **If the accused driver wishes to challenge the legality of the proposed license suspension, Texas law provides that the driver may request a hearing, but must do so in writing, within fifteen (15) days of his or her arrest. Failure to request a hearing within the fifteen day deadline will result in an automatic suspension on the fortieth day after the test request.** Thus, the suspension for failing or refusing a breath or blood test is only “automatic” so long as the driver fails to properly request a hearing to challenge it within fifteen days of being arrested. > [@](#): > > In addition to protecting one’s driving privilege there exists yet a greater reason to request an ALR [Administrative License Revocation] hearing, and that is to better defend against the DWI charge. Unfortunately, most drivers do not realize the “discovery” importance of the ALR proceeding to their criminal charges, and do not consult with an attorney or request a live hearing to challenge the suspension within the fifteen-day window. The importance of having a hearing to challenge your ALR case, however, is twofold. First, despite what the Texas Department of Public Safety would like all drivers to believe, **with the assistance of a knowledgeable and skilled defense attorney, many drivers are able to properly avoid a suspension after being arrested**. > [@](#): > > A driver who suffers an ALR suspension, either automatically or after a hearing, must submit a reinstatement fee of $125.00 to the Texas Department of Public Safety along with a special DPS form before driving privileges will be reinstated, regardless of when the suspension period is scheduled to terminate or the license will not be reinstated. Although this subject is presently under review by the Texas courts of appeals, the prevailing DPS policy is to maintain a driver’s suspension indefinitely until the $125.00 reinstatement fee has been received and posted to the DPS computer system. It appears that you can get your license reinstated by filing the appropriate forms and paying a fee of $125. Talk to an attorney, which I am not. ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [April 29, 2004, 10:27pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/9 "2004-04-29T22:27:31Z")
> [@nevermore](#): > > My license is currently suspended until August 26th for refusing the breathalyzer when I was taken in for a DWI. > > I work late at night, when buses don’t run. I need my car. Paying for taxis sucks quite a bit of ass. > > Is there ANY way, ANY amount of money I can pay, ANYTHING I can do to get my license back, even provisionally? > > and, how about after (if) I’m convicted of the DWI and they suspend it again? Is there anything I can do then? Texas law says that if you refuse to take a breathalyzer test, your license is immediately suspended for 180 days. (Two years if you have a previous conviction). According to several sites for Texas DWI lawyers ([including this one](http://west-texas-dwi.com/parts/whathappens.html)), you may challenge the administrative suspension within 15 days. By my math though, if you’re license is suspended until August 26, that means it began on February 28, and thus your window for appeal ended a month and a half ago. [This site](http://www.dallas-dwi-lawyer.com/DWI_Defense.htm) describes the process to petition for an “Occupational License,” that lets you drive to and from (and for) work. That sounds like what you need to do, and as others have suggested, you’re going to need to enlist an attorney to help you through this process. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [April 29, 2004, 10:44pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/10 "2004-04-29T22:44:31Z")
> [@Fear Itself](#): > > It appears that you can get your license reinstated by filing the appropriate forms and paying a fee of $125. Upon reflection, this appears to be incorrect; reinstatement is only granted after the term of the suspension has expired, \*and \* you pay the $125. Sorry. ---
**Author:** ![nevermore](https://avatars.discourse-cdn.com/v4/letter/n/a587f6/32.png) [@nevermore](https://boards.straightdope.com/u/nevermore)\ **Post date:** [April 29, 2004, 11:21pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/11 "2004-04-29T23:21:03Z")
Thanks for the responses, everyone… I’m just profoundly ignorant of anything and everything legal, and figured there had to be somebody or somebody who knows somebody who’s gone through this. > [@alice\_in\_wonderland](#): > > Why did you refuse the breathalizer? I don’t know. I have no memory of my arrest or of the three-four hours preceding it. (I’ll get to that shortly.) > [@Excalibre](#): > > I doubt it. Why would you think you’d be able to get out of your court sentence? You can’t get out of prison just because you really want to. …I am ignorant. That’s why I asked a board full of knowledgeable people. > [@](#): > > BTW, the “Implied Consent” laws make it legal for them to suspend your license for refusing a breathalyser test. Don’t drink and drive next time. Actually, there’s a good possibility that I was drugged. Thanks for the condescension, though. **anson2995** , that link’s exactly what I needed. thanks! your cookie’s in the mail. 😉 ---
**Author:** ![Rex\_Fenestrarum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rex_fenestrarum/32/7265_2.png) [@Rex\_Fenestrarum](https://boards.straightdope.com/u/Rex_Fenestrarum)\ **Post date:** [April 30, 2004, 2:40am UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/12 "2004-04-30T02:40:43Z")
> [@nevermore](#): > > Thanks for the condescension, though. Well, _you’re_ the one that refused the breath test. In most states, this means an automatic, no exceptions suspension of around 180 days. Don’t they tell you this before you get a license? ---
**Author:** ![nevermore](https://avatars.discourse-cdn.com/v4/letter/n/a587f6/32.png) [@nevermore](https://boards.straightdope.com/u/nevermore)\ **Post date:** [April 30, 2004, 4:00am UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/13 "2004-04-30T04:00:31Z")
> [@Rex Fenestrarum](#): > > Well, _you’re_ the one that refused the breath test. Yes… I do take responsibility for the fact that I fucked up. Regardless of whether I was actually driving drunk or not, I put myself at risk and that was stupid. I just thought it was kinda funny of him to come in here just to basically snort at me, adding nothing helpful to the topic at hand. I asked for an answer on a legal matter, not a comment on the situation, y’know? ---
**Author:** ![Earthworm\_Jim](https://avatars.discourse-cdn.com/v4/letter/e/f07891/32.png) [@Earthworm\_Jim](https://boards.straightdope.com/u/Earthworm_Jim)\ **Post date:** [April 30, 2004, 11:06am UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/14 "2004-04-30T11:06:04Z")
> [@Rex Fenestrarum](#): > > Well, _you’re_ the one that refused the breath test. In most states, this means an automatic, no exceptions suspension of around 180 days. Don’t they tell you this before you get a license? Not necessarily. \ For example, when I first got my license in NC, this was not stated (I don’t believe it was law at the time - 1993ish). When I renewed my NC license circa 1998, I was not made aware of any such law. when I traded in my NC license for a NH license in 2001, they told me nothing at all. Well, no, they told me the price (I forget - $20? $50? something), and as far as I can tell refusing a breathalyzer in NH WILL get your license suspended. I don’t know what SOP is for traffic stops, so I don’t know if the officer informs you of the “implied consent” (which I think is ridiculous, but that’s a whole 'nother kettle of bacon). ---
**Author:** ![Rex\_Fenestrarum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rex_fenestrarum/32/7265_2.png) [@Rex\_Fenestrarum](https://boards.straightdope.com/u/Rex_Fenestrarum)\ **Post date:** [April 30, 2004, 4:20pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/15 "2004-04-30T16:20:00Z")
> [@Beelzebubba](#): > > For example, when I first got my license in NC… heh… That’s NC for you! Having lived in NC for a year and a half, nothing this state does surprises me anymore. In GA they spell it out for you in a) a “drug and alcohol” class you’re _required_ to take if you’re a young’un getting their first license; b) the driver’s manual; and c) Signs at the DMV (I think). ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [May 5, 2017, 8:34pm UTC](https://boards.straightdope.com/t/how-can-i-get-my-license-back/242722/17 "2017-05-05T20:34:38Z")
nm Regards, Shodan