Keeping Your Drivers License
If you were arrested for DWI in Texas, odds are high that your driver’s license was confiscated. Texas, and all other states have what is known as Implied Consent laws.
For you to have a Texas Drivers License, or for an out-of-state driver to use Texas roads, you have submitted to the Implied Consent law, which means you have agreed (implied) to provide a specimen of breath or blood when lawfully requested. The lawfully part is where an Administrative License Revocation hearing is necessary.
An officer must have reasonable suspicion to stop you. Reasonable suspicion could be a moving violation (speeding, failing to signal a lane change), a non-moving violation (registration or inspection not valid), or an accident. Next, the officer will determine whether there is probable cause to arrest you.
This is the point where the Standardized Field Sobriety Tests are conducted. After arrest, the officer will read the Statutory Warnings from the DIC-24 form and then request a specimen of breath or blood. If there is a failure of a test or refusal, the officer will confiscate the Texas Drivers License as mandated by law and provide the arrestee with a DIC-25 (Notice of Suspension/Temporary Driving Permit).
From this point, you have 15 days to request an Administrative License Revocation (ALR) hearing. If you do not do so, your license will be suspended 40 days from the date of notice. If a hearing is requested, no suspension will occur until the Administrative Law Judge makes a decision in your case.
Failing the Breath Test or Blood Test:
90-day suspension for first time offenders. 1-year suspension if prior alcohol contact within the past 10 years.
Refusing the Breath Test or Blood Test:
180-day suspension for first time offenders. Two-year suspension if prior alcohol contact within the past 10 years.
INCREASED PENALTIES FOR REPEAT DWI OFFENDERS:
If a second incident takes place within five years, there is minimum hard wait (period of time where you cannot legally drive) for an occupational drivers license.
With any prior contact or conviction it is becoming standard that an ignition interlock will be ordered.
COMMERCIAL DRIVER LICENSES (CDLs):
Unfortunately Texas law does not allow an Occupational Drivers License to permit operation of CDL vehicles or privileges.
CAN A LAWYER HELP?
Absolutely. The Miers Law Firm is ready to assist in preventing a driver’s license suspension. It is critical that you contact the Miers Law Firm within 15 days from the date you were arrested so we may request a hearing on your driver license suspension. We can obtain discovery from the Texas Department of Public Safety and subpoena the officer to your ALR hearing. Even if the hearing results in a loss of driving privileges, valuable information can be obtained at the ALR hearing. Contact the Miers Law Firm at (817) 123-4567 or by using the contact form.