20 Questions: Arrested for DWI in Texas. Will my driver license be suspended?
20 Questions: Arrested for DWI in Texas is the first book in the 20 Questions series by Peter M. Lopez. It is currently available to read in ebook form below and for download as a pdf. A paperback version is scheduled to be released this summer.
Each question answered in 20 Questions: Arrested for DWI in Texas is also answered individually for your convenience here on our website if you are searching for answers to specific questions.
As you read, you may discover you have other questions. If so, links to the answers to the other nineteen questions in the book are provided below.
This is the 5th question answered in the book.
5. Will my driver license be suspended?
Not necessarily. You have fifteen days from the date you receive notice, or are presumed to have received notice, of the suspension to request a hearing to contest the suspension. The fifteen-day deadline is absolute. It is one of those unforgiving deadlines mentioned earlier. If you do not request the hearing to contest the suspension within the fifteen-day timeframe, you waive, or give up, any right to challenge the suspension, and you will not get your license back until after the suspension period ends and you have paid the reinstatement fee.
If you request a hearing, either by phone, fax, or mail, your case will be set for an administrative license revocation (ALR) hearing in front of an administrative law judge (ALJ). At the hearing, the attorney for the Texas Department of Public Safety (DPS) will present evidence in favor of suspension, which is usually the offense report and required notices. The defense will then present evidence or argue against suspension. Most of the time, the only issues are whether there is probable cause to believe the defendant was operating the motor vehicle while intoxicated, and whether there was reasonable suspicion for the stop or probable cause for the arrest. The burden of proof to suspend a license is much lighter than what would be required in a criminal trial, which is beyond a reasonable doubt.
If a breath or blood test was refused, the issues are whether there was reasonable suspicion for the stop or probable cause for the arrest, and whether a breath or blood test was offered and refused after being notified of the consequences of a refusal.
If the ALJ decides in favor of the defendant, there is no suspension, and the driver license will be returned. If the ALJ decides in favor of DPS, the applicable suspension period will be imposed. The decisions of the ALJ are appealable, but specific rules and timeframes apply to appealing administrative decisions.
If you have other questions about a DWI arrest in Texas, here are the answers to the other nineteen most frequently questions when arrested for driving while intoxicated:
- 1. What will happen if I am convicted of driving while intoxicated (DWI) in Texas?
- 2. What does “intoxicated” mean in Texas?
- 3. What if this is not my first DWI?
- 4. Can the police officer take my license?
- 5. Will my driver license be suspended?
- 6. Can I get my driver license back?
- 7. How long will my license be suspended?
- 8. How can my license be suspended for refusal when I asked for a blood test?
- 9. How do I get an occupational license?
- 10. When can I get an occupational license?
- 11. Can I get deferred adjudication to keep a DWI off my record?
- 12. Will my employer find out I got a DWI?
- 13. Can I get the DWI off my record?
- 14. Will I have to appear in Court?
- 15. What if I have to work on the day of my court hearing?
- 16. What if I missed my first court hearing?
- 17. If I wasn’t read my rights, will my case get dismissed?
- 18. I do not live in Texas, so will my license still be suspended?
- 19. I got a DWI in another state, so will my Texas license be suspended?
- 20. What is the difference between DWI and DUI in Texas?