When you are arrested for a San Antonio, TX DWI or Austin, TX DWI, you face a Texas license suspension 40 days after you are issued the Notice of Suspension. This notice is normally issued at the time you test over .08 BAC or refuse to submit to a chemical test of your blood breath or urine. You only have 15 days from the date you are issued that notice to challenge the Texas license suspension. To protect your driver’s license contact us right now for a free consultation!
One DWI, Two Cases
When you are arrested for DWI in Texas you face two legal actions. The first is the criminal charge of Driving While Intoxicated. The second is the Administrative Texas license suspension. One thing to remember is that the Texas license suspension will take effect if you do not file a request for an ALR hearing within 15 days of when you received the notice of suspension. For this reason, it is imperative you contact us immediately after being arrested for a DWI in Texas.
Texas Driver’s License Suspension Explained
When you are arrested for DWI in Texas you will be offered an opportunity to provide a sample of your breath, blood, or urine for chemical testing. The officer is required to read an Implied Consent warning to you immediately before he requests you provide a sample. Which type of Texas license suspension you receive depends on whether you submit to the chemical test.
BAC .08 or Higher
If you voluntarily provide a sample of your breath, and test .08 BAC or higher the officer will seize your Texas driver’s license and issue you a notice of suspension. You only have 15 days to appeal the suspension of your driver’s license. If you fail to file the appeal on time your driver’s license will automatically be suspended on the 40th day after you received the notice of suspension. Your notice of suspension will act as your driver’s license for these 40 days.
If you file an appeal to the suspension of your driver’s license within 15 days you will be granted an Administrative Law Review (ALR) of your suspension. The notice of suspension will act as your temporary driver’s license until your ALR hearing is held and ruled upon.
If you voluntarily provided the officer a sample of your blood or urine, you likely will not receive the notice of suspension until that sample has been tested by a laboratory. If the test results shows you tested over .08 BAC, or you had drugs or medications in your blood stream, you will likely be mailed the notice of suspension. DPS mails these notices to the address on your driver’s license. For this reason, it is important that you make sure DPS has your current mailing address.
Who files the appeal of my license suspension?
When you hire us immediately after your San Antonio, TX DWI or Austin, TX DWI 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 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 License suspension process is fairly simple in most Texas DWI cases. After the appeal of your Texas 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:
1. The officer had probable cause to stop you; and
2. 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.
Mandatory Blood Draws
San Antonio and Austin Police are aggressive in drawing your blood if you refuse to provide a voluntary sample of your breath, blood, or urine, and they are legally entitled to do so.
There are cases where the officer can draw your blood without your consent, and without a warrant. Here is a list of offenses in which an officer is allowed by law to draw your blood without a warrant, and without your consent:
1. You have 2 prior alcohol related driving offenses on your record. (This is your 3rd);
2. If you were operating a motor vehicle with a child under the age of 15;
3. You are suspected of an Intoxicated Manslaughter;
4. You are suspected of an Intoxicated Assault charge;
5. If anyone in the vehicle, other than the driver, was transported to the hospital for medical treatment.
When can I refuse a breath test?
Under Texas law, you have the right to refuse a breath, blood, or urine test in a DWI in Texas if you are arrested for a DWI Class B Misdemeanor (1st Offense with no injuries to someone other than the driver), or DWI Class A Misdemeanor (2nd Offense with no injuries to some other than the driver.) In all other cases the police are allowed to draw your blood without first obtaining a warrant, even if you refuse to provide a sample voluntarily.
With the advent of No Refusal Weekend, the Austin and San Antonio Police will apply for a search warrant to draw your blood on a Class B or Class A Misdemeanor DWI. The police are not, however, allowed to draw your blood in these two cases without either your consent or a warrant. Learn more about No Refusal weekend…
A Texas License Suspension is the first line of defense against a DWI in Texas. Our San Antonio DWI lawyers, and Austin, TX DWI lawyers are ready to help you protect your Texas driver’s license. If you have been arrested for DWI in Texas then call us right now for a free consultation!