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Texas DWI Suspension Process Following a DWI arrest in Texas, a suspect will be taken to the police station and asked to submit to a chemical test to determine the amount of alcohol present in the suspect's system. If the suspect refuses to submit to a chemical test, the officer will take away the suspect's driver's license and serve them with a Notice of Suspension. If you have been arrested for a Texas DWI, you have 15 days from the date of the Notice of Suspension to request a hearing to contest the suspension of your driver's license. Failure to request a hearing within 15 days will result in the suspension being automatically upheld, and will go into effect 40 days after the Notice of Suspension was served. If a hearing is requested, the notice will serve as a temporary driving permit and will remain valid until the date a final decision is issued by the administrative judge. A fee of $125 is required in order to have your license reinstated following the expiration of a suspension period. The administrative hearing may be held at the designated location or by teleconference. An administrative law judge will preside over the hearing. The issues determined at the hearing will depend on the nature of your case. If you failed a chemical test, the administrative judge will determine whether your BAC was .08 or higher at the time of driving in a public place. Additionally, the judge will need to determine whether probable cause existed for your arrest. If you refused to submit to a chemical test, the administrative judge will determine whether there was reasonable suspicion for your stop, probable cause for your arrest, and whether a lawful arrest and request to submit to a chemical test was made. Furthermore, whether you actually refused the test will be at issue. If the administrative judge decides to uphold the suspension, a petition to appeal may be made. You must file a request for an appeal in the county where the arrest occurred within 30 days following the administrative judge's decision. Your suspension will be placed on hold for up to 90 days while your appeal is pending. TEXAS ADMINISTRATIVE LICENSE SUSPENSION PERIODS
In Texas DWI cases, the administrative penalties differ depending on whether a chemical test was refused or failed (.08 or higher). TEXAS CHEMICAL TEST REFUSAL
If you refuse a chemical test offered by a police officer as part of your Texas DUI investigation, your license will be suspended for 180 days for a first offense refusal, or 2 years if your license was previously suspended as a result of a prior refusal or chemical test result of .08 or higher, or if previously suspended as a result of a DWI conviction. If you are under the age of 21 and refuse a chemical test, your license will be suspended for 180 days or 2 years if you have a prior DWI or refusal related suspension on your record. TEXAS CHEMICAL TEST FAILURE
If you submit to a chemical test during your Texas DWI case, and the result is .08 or higher, your license will be suspended for 90 days for a first offense, or 1 year if your license was previously suspended for failing or refusing to submit to a chemical test, or if previously suspended as a result of a DWI conviction. Under Texas DUI Law, if you are under the age of 21 and provide a chemical test result containing any detectable amount of alcohol, your license will be suspended for 60 days for a first offense, 120 days if you have a prior DWI or refusal related suspension on your record, or 180 days if you have two prior refusals, chemical test failures, or DWI convictions. |
Warning:
After a Texas DWI arrest, you only have
15 days
to request a hearing to challenge your license suspension. If you don't act fast, you will lose important rights.
Take steps to save your license and protect yourself by contacting the attorney in the county of your arrest for a free case evaluation.
