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If you are arrested for a DWI in Texas, typically that also means that your driver’s license will also be suspended. This is because under Texas law, there are administrative consequences regarding your driver’s license that are separate from the criminal charges. This means that you could have your driver’s license suspended before you even have a court date on your DWI case. This can be difficult to understand for many people, but it is because the administrative issues of a DWI charge are separate from the criminal issues. What typically will happen in DWI cases, is officers will ask you to conduct a breath test or ask for a blood sample. Your answer to this question and the results of the test can have major effects on your driver’s license.
If you submit to conducting the breath test or proving a blood sample, then DPS will suspend your driver’s license for a period of 90 days.
If you refuse to submit to a breath test or refuse to provide a blood sample, then DPS will suspend your driver’s license for a period of 180 days. There is a requirement, though, that a person arrested for DWI must be warned of the consequences of refusal to submit to the test, including that evidence of refusal will be admissible against person in court and that the person's driver's license will be suspended for not less than 180 days
However, despite whether or not you agree to take the breath test or provide a blood sample, you can still challenge the suspension of your driver’s license by requesting an administrative hearing. For most people, it is critical to keep a valid driver’s license because they depend on driving for their jobs. In order to challenge the suspension, you must make a request for a hearing within 15 days of being arrested. There are a few instances where you may have more time to challenge a potential driver’s license suspension, but it is important to speak with an attorney to clarify your circumstances.
The benefits of challenging a driver’s license suspension are plenty. It provides an opportunity to look at the discovery early in the process, it allows you to cross-examine the police officer outside a criminal courtroom, and if you win, your driver’s license won’t be suspended. Call our office today to speak with an attorney about trying to save your driver’s license.