DWI & YOUR DRIVER'S LICENSE
When someone is arrested for DWI they are usually asked to provide a specimen of their breath or blood to test the alcohol concentration level in their system. The problem is not knowing if their consent will backfire and show a level higher than they expect, or if refusing will make them appear uncooperative and be held against them at that time or later in court. So, the dilemma they face in that moment is how to resolve their desire to be cooperative with law enforcement and consent, against their desire to avoid providing evidence against themselves and refuse. While valid concerns, there are other implications that you should know.
If you were arrested for DWI and then consented to provide a specimen of your breath or blood, and that specimen showed an alcohol concentration level of .08 or more (a failure), DPS will suspend your driver’s license. However, if you refused to provide a specimen, DPS will suspend your driver’s license for a much different reason: Implied Consent! The Implied Consent Law (click to view) is the law that gives DPS the authority to suspend your driver’s license without a hearing if you refuse to submit a specimen. The law essentially says that if you have a Texas driver’s license and/or choose to drive on public roads in Texas, then you have consented to provide a specimen of your breath or blood when requested to do so by an officer following an arrest for DWI. It is your withdrawal of that consent (a refusal) that triggers the suspension.
Whether you refused or failed, you likely received a document titled Notice of Suspension (click to view). This document serves as your temporary driving permit, so keep it with you. The permit is valid for 40 days from the date of your arrest. On the 41st day your license will be automatically suspended, and you will not be eligible to drive until the suspension is lifted.
However, we can fight the suspension, but have only 15 days from the date of arrest to request a hearing, called an Administrative License Revocation (ALR) hearing. Once the hearing is timely requested, your temporary driving permit will remain valid, even if the
hearing does not happen within those 40 days. If the judge denies the suspension, you will be eligible to drive immediately. However, if the judge allows the suspension DPS will suspend your driver’s license for a specified period of time.
It is important to know that the punishment for getting caught driving during an alcohol related suspension can be as severe as the DWI itself. AND, the suspension can happen regardless of and separate from whatever the District Attorney’s Office does with your DWI case. This is so because the license suspension is considered an administrative action that is handled by DPS and the State Office of Administrative Hearings. The DWI case on the other hand is considered a criminal offense, and is prosecuted by the District Attorney’s Office in either the County or District Court in the county where you were arrested.
We can discuss what we need to do at a meeting, or over the phone if we do not have time to meet within the 15 days to request the hearing. If you do not make the request within 15 days, you waive the hearing, and your license will be suspended automatically. Call me ASAP after arrest so that we can request the hearing. If DPS wants to suspend your driver's license, let’s make them work for it!
We can also discuss the benefits of an Occupational/Essential Needs Driver's License. This type of license allows you to drive to and from work, school, church, doctor offices, etc., and to perform other essential household duties, with some restrictions. It certainly beats getting arrested again if caught driving on a suspended license.
