Question: Is there anything that can be done to save my license after I receive a notice of suspension?
Benson Varghese: When you receive a notice of suspension from the DPS or from an officer, that notice of suspension is telling you that your license is being suspended. You are informed in that notice that you have 15 days to request a hearing on that suspension. Within that 15-day period, it would be prudent to contact an attorney who can request a hearing on your behalf and subpoena witnesses to be on that hearing on your behalf. The Texas Department of Public Safety will appear at that hearing through an attorney, and if you do not appear through an attorney or yourself, or have witnesses subpoenaed to be there, they are going to win that hearing almost by default. If you have supine witnesses, your attorney will have an opportunity to put the DPS to the task of proving the reasons why your license is being suspended. If they are unable to do that, or if the DPS is unable to show that your license will be suspended, that’s the first way to save your license. The other way to maintain your privilege to drive, although it’s not saving your license per se, is to seek and obtain an occupational license.
Courts in Texas understand that it is impossible to function without a license and for the first-time offender, and for most misdemeanors and some felony offenses, they have created a way for people to get permission to drive for limited purposes, including work, carrying out your household functions, going to school, etc. It is done through civil court if the case has not been resolved yet, and your attorney will be able to walk you through that process and how you can get an occupational license.