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Administrative Driver's License Revocation
Understanding Driver's License Suspensions Resulting from a DWI
Driving while intoxicated (DWI) is among the most common crimes committed in Tarrant County and across the state of Texas. The best way to protect your freedom is to retain the best DWI defense lawyer possible, otherwise you could risk suffering harsh consequences including a license suspension before you are even convicted!
Adult DWI Driver License Suspension
In Texas, your driver license may be suspended if you are arrested for DWI and:
- Your blood alcohol concentration was greater than 0.08; or
- You refused to provide a specimen of your breath or blood.
The length of the DWI driver license suspension will depend on the basis for the suspension.
- If you provided a specimen of your breath or blood, and that specimen was above the legal limit, your driver license suspension period is 90 days. (Tex. Transp. Code § 724.015(4)).
- However, if you refused to provide a specimen of your breath or blood, the suspension period is 180 days (Tex. Transp. Code § 724.015(2)).
Enhanced DWI Driver License Suspension
If you have previously received a DWI license suspension you could be subject to an enhancement. The DWI license suspension period is enhanced to:
- One year if you provided a specimen of your breath or blood, that specimen was above the legal limit, and you have an alcohol or drug related contact within the last 10-year period. (Tex. Transp. Code §524.022(a)(2)).
- Two years if you refused to provide a specimen of your breath or blood, and you have an alcohol or drug related contact within the last 10-year period. (Tex. Transp. Code § 724.035(b)).
Minor DWI Driver License Suspension
The DWI driver license suspension differs for people under 21-years-old. A minor’s driver license may be suspended for:
- 60-days if the minor provided a specimen and it was positive for alcohol (Tex. Transp. Code § 524.022(b)(1)).
- 120-days if the minor provided an alcohol-positive specimen and has a previous alcohol-related conviction (Tex. Transp. Code § 524.022(b)(2)).
- 180-days if the minor provided an alcohol-positive specimen, and has two or more alcohol-related convictions (Tex. Transp. Code § 524.022(b)(3)).
- 180-days if the minor refused to provide a specimen of their breath or blood (Tex. Transp. Code § 724.035(a)).
Administrative License Revocation Hearings Explained
You can fight a DWI license suspension by demanding an Administrative License Revocation (ALR) Hearing. Like a mini-trial, the Department of Public Safety (DPS) has the burden of proving you committed an act in violation of the Texas Transportation Code that would subject you to a DWI license suspension. If DPS fails to carry its burden, an Administrative Law Judge will deny the suspension.
It is important you contact a DWI Defense Lawyer as soon as possible after arrest. You only have 15 days to request an ALR hearing. The DWI license suspension will remain pending the results of the ALR hearing. If an ALR hearing is not requested, your driver's license will be automatically suspended 40 days after your arrest.
Even if you lose the ALR hearing, you may appeal the decision to the County Court at Law. An ALR appeal must be filed within 30-days of the final ALR decision. The DWI driver license suspension may remain pending on appeal under certain circumstances as well.
Your Next Steps
If you are facing a DWI driver license suspension, you need to act fast. A driver license suspension prevents you from working, attending school, and acquiring everyday necessities. Our powerhouse DWI defense attorneys at The Law Office of David Sloane are here to protect you!
We have helped hundreds of clients fight their driver's license suspensions in Administrative License Revocation Hearings across Tarrant County and throughout the greater Dallas – Fort Worth Area, such as:
- Tarrant County
- Dallas County
- Parker County
- Denton County
- Wise County
- Johnson County
- Hood County
- Ellis County
- Collin County
Contact us today at (817) 349-7118 to request a FREE, confidential consultation.
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