You could have 14 days or less to save your driver’s license! If you are arrested for Driving While Intoxicated in Texas, your driver license is at risk of suspension. Your license is still at risk even if the charges are dismissed or you are acquitted. Instead, a separate process called Administrative License Revocation (ALR) could suspend your license outside of the criminal court process. Instead, in Texas, this is considered a separate administrative process, so outcomes in criminal court will not necessarily impact the ALR.
You will receive an official notice that your license will be suspended if you receive an arrest for DWI or fail or refuse a blood test or a breath test. You have exactly 14 days from the date of service of this notice to request a hearing; if you do not request a special hearing, called a DWI driver’s license hearing, your license will automatically be suspended on the 40th day following receipt of the notice. In most cases, this is 40 days following the initial arrest for DWI. Licenses could be suspended for a period of 9 days to two years, depending on your case.
If you’ve been arrested for DWI, you will be officially served with this notice. If you want to avoid the suspension of your license, you must submit a request for a hearing. If you miss the 14-day deadline, there is no opportunity to request the hearing later. Therefore, it is critically important that you get your hearing request in immediately and be prepared for your next steps of action.
The hearing itself may be scheduled at any time within 120 days. You will receive notice by mail about the time, date and location of the hearing. At the hearing, a judge will decide whether suspending your license is a valid action. The Department of Public Safety will submit the arrest report for your DWI arrest for evidence at the hearing. You have the ability to subpoena the police officer who arrested you; if you don’t do so, the police report will be entered into evidence. As the driver, you must provide additional evidence and facts in order to successfully fight the suspension of your driver’s license.
A skilled, experienced DWI lawyer can help you to fight the suspension of your license in the ALR process. With a lawyer, you won’t be alone in your hearing; instead, you’ll have legal counsel to fight for you and your driver’s license. Your lawyer can also enter evidence and facts that can make a substantial difference in the outcome of your hearing.