A DWI arrest in Texas and your driver’s license: what to expect

On Behalf of | Jan 8, 2021 | DUI

A person arrested on suspicion of drinking and driving in Rockwall or anywhere in the Dallas-Ft. Worth area will have to deal with more than the possibility of jail time and a criminal record. Besides the criminal side of DWI in Texas, there’s also the civil side — namely, the suspension of your driver’s license.

A first DWI offense can result in a 90-day license suspension. However, if you declined to take a breath test during your police traffic stop, the suspension could be as high as 180 days. For a second or third offense, the state Department of Public Safety can suspend your license for up to a year. Note that these are for standard DWI offenses. You can also have your commercial license suspended if the police test your blood-alcohol content at .04 percent or higher.

Contesting your suspended license

Not being able to drive can cost you your job and greatly limit your independence. If the TxDPS has suspended your driver’s license, you have the right to request a hearing before an administrative law judge from the State Office of Administrative Hearings. At the hearing, you and your attorney will have the chance to contest the suspension. You only have 15 days from the date you get notice of your suspension to request the hearing, and you might have to wait up to 120 days for your hearing date.

Texas has tough DWI laws, and its rules for suspending driver’s licenses are no exception. Fortunately, you do not have to hire separate lawyers to represent you against the criminal charge as well as the suspended license matter. An experienced criminal defense attorney can help you with both.

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