License Suspension After a Texas DWI

License suspension after a Texas DWI: Now what?

Most people are aware of the fines and jail time that can arise from a Driving While Intoxicated (DWI) charge, but a DWI arrest can have serious civil charges as well. In fact, a license suspension after a Texas DWI can happen due to many different things.

Upon arrest for DWI, you will be asked to give a sample of your breath or blood or both and one of the following will occur in regard to your Texas Drivers License:

If you refuse to provide a sample of your breath or blood upon request, your license will be seized and you will be given a piece of paper called a DIC-25, that says “Notice of Suspension Temporary Driving Permit.” On the bottom of the DIC-25, your right to an appeal is described and you have to file that appeal within 15 days of your arrest, including the day of your arrest, or your license will be automatically suspended on the 40th day from your arrest for a period of six months to a year, depending on your past DWI history.

 

If you file the appeal in time, you will be notified by mail (at the address on your license) of your hearing date. You should hire a qualified DWI trial lawyer to handle all of the above as the rules are stacked against you and any error on your part could result in the suspension being enforced.

 

If you agree to take a breath test and blow under a 0.08, then your license will not be seized and you will not have to do any of the above measures unless the officer then requests a blood test (he now thinks you are also taking drugs). It seems unfair to be asked for blood after passing the breath test but the Texas courts have ruled that even though the law says breath “or” blood, the police get to request both.  Apparently, “or” means “and” to the courts.

 

If you refuse to provide a blood sample at this time (after passing the breath test), or if you were never even asked to take a breath test but you refused a blood request the same rules apply as to refusing a breath test and you must act to avoid the automatic suspension.

 

If you agree to take a blood test, then your license will not be automatically suspended since they have to wait on the lab results to know whether you were above or below the magic 0.08. If the blood comes back under and you passed the breath test, or were not asked to give one, your license will not be suspended and DPS should mail your drivers license back to you.

 

If the blood comes back at 0.08 or above, then DPS will send a suspension notice letter to the address on your license advising you of the DIC-25 suspension rights, just as if you had failed the breath test after your arrest.

 

The Texas Department of Public Safety (DPS) can start civil administrative proceedings against you to suspend both your personal and/or commercial driving privileges.

Once you are convicted for a DWI, the court will report the conviction to the Texas Department of Public Safety. Because you have been convicted with a Texas traffic offense, you will have to pay a $6,000 surcharge to prevent your license from being suspended. However, you may qualify for an Occupational or Essential Needs Driver’s License (ODL). An ODL will give you limited driving privileges (related to work and essential household needs only) so that you can continue to work and provide for your family. If the judge agrees to an occupational license, you might be required to install an ignition interlock device in both your personal and your work vehicle.

The Texas courts are only able to revoke a driver’s license that has been issued in Texas, but this doesn’t mean you won’t have consequences in your home state. If you have an out-of-state driver’s license, your home state will be notified of your conviction and it may take action against your license. Traffic laws and penalties differ in every state, so be sure to contact an attorney in your home state as well.

If you carry a Commercial Driver’s License (CDL), it will be suspended for one year along with your personal driver’s license, even if you were driving your personal vehicle at the time of the DWI. Once you receive notice that your commercial license is suspended, you have until the end of that business day to tell your boss about it. Texas laws make it illegal for your employer to have you drive a commercial motor vehicle with a disqualified commercial license. Since it is illegal for you to drive a commercial vehicle with a suspended license, you are also required by federal law to inform your boss of the suspension.

DWI in TexasAs you can see, when you are convicted of driving while intoxicated, your livelihood is at stake. A conviction for DWI can have a lifetime effect on your ability to make a living. The laws surrounding DWIs are complex for both personal and commercial driver’s licenses. Most lawyers do not understand these complexities, so it is important to speak with skilled lawyers who understand them.

 

The big rules to remember are:

  • Make sure you contact our office prior to the fifteen day deadline. If the police failed to give you a copy of the DIC-25, the deadlines still apply
  • Make sure your license has your current address and check your mail box for a hearing notice;
  • It is important to hire my office before the deadline passes, so we can subpoena the officer to the hearing and cross him under oath and lock in his testimony so it won’t change by the time we go to trial
  • You can win your drivers license hearing but still lose the DWI criminal case
  • You can blow below 0.08 and still get charged with a DWI as the prosecutor will say you may have also been on drugs or simply can’t handle your alcohol at any level
  • The only way to erase a drivers license suspension from a refusal or failure (test at 0.8 or above) is to take your criminal case to trial and get a “not guilty” verdict
  • Lastly, let our office fight this fight for you to take advantage of any facts that can help us get you a good result in your DWI criminal case.

A skilled DWI attorney can challenge the revocation and criminal case allowing you to keep your driving privileges, your livelihood, and your dignity. If you are facing a license suspension after a Texas DWI, call The DWIDude Offices today to see how you can protect your rights.

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