Is There A Driver’s License Suspension With A Dallas Texas DWI?
A Dallas, Texas driver arrested for a possible DWI will face two charges: A DWI arrest with criminal charges, and a civil charge to suspend driving privileges. The civil case is called an Administrative License Revocation (ALR), and it can be brought against a driver if that driver refuses breath or blood tests, or if that driver allegedly failed a blood or breath test.
The license suspension automatically takes effect 40 days after a DWI arrest unless the driver requests a hearing in writing within fifteen days of the arrest. The arresting officer may tell the driver that their drivers license will be suspended automatically if they refuse a breath or blood test. By law, however, the arresting officer must take your license and give you a temporary driving permit that will stay in effect until the 41st day after the DWI is issued.
Requesting a hearing stays the license suspension until after the hearing. The driver will be given a document to prove that their drivers license wont be suspended until after the hearing. If there is no suspension at the hearing, the DPS must return your drivers license immediately.
A hearing can also help to build a defense if your case goes to trial. The ALR process can bring to light important discovery information that can help to build your case. In fact, the hearing can be the factor that determines whether or not your DWI case will win at trial — or taken to trial at all.
Failure to challenge the ALR can result in an even longer suspension. If you ask for a hearing, you can continue to drive until the hearing takes place. If you lose at the hearing, your license will be suspended. However, you may be granted an occupational drivers license under certain conditions.