Ten Things to Know About DWIs and Your License in Texas

Posted on August 04, 2018 in Uncategorized


An arrest for Driving While Intoxicated in Texas carries with it more than criminal penalties. Here are ten things that happen after a DWI request with regards to your license to drive.


If You're Under 21:

When you are arrested for DWI, if you refuse to provide a sample of your breath or blood, and you're 21 or older, your license will be suspended for 180 days.


If You're 21 or Older:

If you are over 21, and you provide a sample, and the sample shows you have a BAC of a .08 or greater, your license will be suspended for 90 days. In other words, looking only at the license suspensions, you're worse off refusing to provide a specimen. (This is not to suggest you should provide a specimen!) It's just something worth knowing.


Request It or Lose It.

You have a right to request a hearing on the suspension of your license. If you don't exercise that right, you will lose your right to drive. No questions asked.


The Clock is Ticking!

Your request for a hearing must be received in Austin no less than 15 (fifteen days) after your license was suspended. It is imperative for you to move quickly. Delaying may make it impossible to have a hearing. Call an attorney immediately. The police officer will tell you about the suspension and hearing by reading you a DIC-24 statement at the time of the arrest and he will give you a DIC-25 form that serves as your temporary driving permit.


You Can Be Completely Innocent of DWI and Still Lose Your License.

Your license could be suspended for just exercising your right now to provide a specimen – it does not matter if you are guilty or not guilty of the actual offense of driving while intoxicated, you lose your ability to drive for six months!


Things You Can Fight:

At the Administrative License Revocation hearing, an Administrative Law Judge employed by the State Office of Administrative Hearing determines if there was probable cause to stop you. Determinations can also be made on reasonable suspicion for the stop. The administrative law judge can also make a determination of whether the individual refused to give a specimen and if they were actually asked for a specimen.


You Can Pin Them Down.

If you plan on trying your DWI case, and by that I mean you want to contest your DWI and have a trial on the merits of the case, it would be very smart to request an ALR hearing first so that the officer can be pinned down on his testimony. Unlike going to a trial, the testimony will likely be unrehearsed. It becomes a record of what the officer remembers. This may prove to be invaluable at trial if he changes his position.


No Matter What You Gain Something.

If you plan on trying your DWI case, don't try to save money by not having an ALR hearing. Even if you lose the hearing, you win immensely by having the officer locked into what be believed at the time of the arrest, If you do win, you get your privilege to drive back. There's really no losing if you understand how you benefit from it.


Buying Time:

Here's another way you win by requesting a hearing: your temporary permit (which is usually only good for 40 days) until the Administrative Law Judge actually makes a final decision. So let's say you ask for a hearing and there's a delay in hearing your case, or there's a delay in the judge rendering a decision. Well, all that time your temporary permit allows you to drive. If you've ever had to depend on someone else driving you around, you'll understand why every day that you have your license counts.


The Strategy to DWI Defense

Defending any DWI – regardless of whether there is a breath or blood test, regardless of whether the BAC is high or low – begins with a strategy. The ALR hearing, in the hands of a knowledgeable defense, can be great ammunition when it comes time for a trial. There's also a chance you'll win at the ALR hearing level. If you've been arrested for DWI, or if you license has been suspended, contact a qualified DWI attorney as soon as possible.

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