Texas Driver’s License Suspension
When you are arrested for DWI in Texas you face a DWI license suspension whether you have a Texas driver’s license or a license issued from another state. The DWI Dude explains how the Texas license suspension process works whether you have a Texas driver’s license or an out-of-state license. Contact one of our San Antonio DWI attorneys, or Austin DWI attorneys right now for a free, no obligation consultation.
If you have a Texas driver’s license, and voluntarily provide a sample of your breath that tests .08 or higher BAC, the officer will confiscate your Texas driver’s license and issue you a Notice of Suspension. If you have an out-of-state license, the officer will not confiscate your license, but will still issue you a notice of suspension. That notice serves as your driver’s license until your suspension takes effect. You only have fifteen days from the date of your arrest to challenge the Administrative Suspension of your driver’s license.
License From Out of State
If your driver’s license is issued by another state, your driver’s license may still be valid in your home state, but Texas will likely report your arrest and/or conviction for DWI to that state. Your driving privileges will still be suspended in Texas in accordance with Texas law. Most states will take an administrative DWI license suspension action against your driver’s license and suspend your driver’s license in your home state. We can help you find a qualified attorney to represent you in that administrative action. (Find an Attorney) This process means you will likely have to defend your driving privileges in both your home state and the State of Texas.
Texas Driver’s Arrested in Another State
If you are from the State of Texas and are arrested for DWI in another State, the State of Texas may suspend your Texas driver’s license when the arresting state reports your arrest to Texas. When this happens, you will have a limited time to challenge the DWI license suspension of your Texas driver’s license. Whether the arresting state suspends your driver’s license may effect the actions Texas takes against your driver’s license, but that state’s determination is not the deciding factor for the State of Texas. You should be represented by our office if you receive a notice of suspension in such a circumstance.
Who Files the Appeal of My License Suspension?
When you hire us immediately after your DWI in Texas arrest we will file the appeal on your driver’s license suspension. If you do not hire us within 15 days from the day you received the notice of DWI license suspension you will have to file the appeal yourself. The officer should have provided you with instructions on how to do so. Since this is an adversarial hearing, and the State will be represented by an attorney, it is wise to hire us in time for us to represent you for this hearing. The rules of evidence and other legal rules and practices are used in the administrative hearing. These rules are not waived just because you represent yourself.
Texas DWI License Suspension Process
The Texas DWI License suspension process is fairly simple in most DWI cases. After the appeal of your driver’s license suspension has been filed in a timely manner Texas DPS will set a date for an ALR hearing. The burden of proof is on the State to prove two things in an administrative DWI license suspension:
- The officer had probable cause to stop you; and
- You either tested .08 or higher BAC, had a drug in your body that caused impairment, or you refused to provide a sample of your blood, breath or urine upon the request of the police officer.
If the ALR judge finds that both of these two conditions are met, your driver’s license will be suspended. If the ALR judge finds that either of two conditions were NOT met, your driving privileges will be restored, and your license will not be suspended.
If you have been arrested for a DWI in Texas contact one of our San Antonio DUI attorneys, or Austin DWI attorneys right now for a free, no obligation consultation. You only have 15 days to challenge the suspension of your driver’s license. We can help you if you contact us right now.