In Texas, if arrested for Driving While Intoxicated (DWI), police can confiscate your driver’s license. You temporarily lose the privledge of driving on Texas roads until things are sorted out. Under the Texas Department of Public Safety’s Administrative License Revocation (ALR) program, an arrestee’s license is typically suspended automatically, but they have 15 days to request a hearing to contest the suspension. Penalties and suspensions increase with subsequent offenses.
The Police Can Take Your Driver’s License in a DWI Arrest
If you are arrested for a DWI in Sugar Land, Texas the police can immediately confiscate your driver’s license under the following two circumstances:
1. You have a breath or blood alcohol concentration of 0.08 or above.
2. You refuse to submit to a breath or blood test.
Please note, if your blood is drawn but not immediately tested and it is later found that you had a BAC of .08 or above, the state will mail you a written notification of your license suspension to the last address listed on your driver’s license.
What To Do If the Police Take Your Driver’s License After Your DWI Arrest
If the police take your driver’s license after a DWI arrest, it does not mean that it is automatically suspended. When your license is confiscated, you should be given a DIC-25 form that will act as a temporary driver’s license for up to 40 days.
As soon as possible after the arrest, you should contact an experienced Sugar Land DWI lawyer such as Adam Capetillo to contest the suspension. Call Attorney Capetillo at (346)249-5544, 24/7 to address the suspension and the DWI arrest. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing.
If you request an ALR hearing, your DIC-25 form will act as your temporary license until a judgment is rendered, even if the process takes longer than 40 days.
If you fail to act and do not request an ALR hearing, the Texas Department of Public Safety will automatically suspend your license after 40 days.
What Happens at an Administrative License Revocation Hearing?
The ALR hearing is a civil administrative process separate from your criminal case. At the hearing, the State of Texas will decide whether to suspend your license. You are allowed to have an attorney represent you at your ALR hearing.
Typically, the state will argue its case using an affidavit from the arresting officer about their memory of the arrest. An affidavit is a written statement made under oath. When the state uses an affidavit, the officer does not need to physically come to the hearing. However, your attorney can subpoena the arresting officer and make them testify at the hearing. When they testify, your attorney is given a chance to cross-examine them and challenge their testimony. An officer’s ALR testimony is made under oath, so it can be used as evidence in your criminal DWI case. This is an important reason to have an attorney work with you during the license suspension process.
How Long Can Your License Be Suspended if You Are Arrested for A DWI in Sugar Land?
The length of your license suspension will depend on your age, prior offenses, and whether you refused a breath test or provided a blood or breath specimen. The time ranges between 60 days and two years.
Can You Operate a Motor Vehicle When Your License Is Suspended in Sugar Land?
If your license is suspended, various exceptions can allow you to continue driving. You may be able to request an Occupational Driver’s License from the Texas Department of Public Safety. In your request, you will need to show “good cause” that you must drive to meet specific needs, such as commuting to work. The license restricts the places you can drive or the times of day you are allowed on the road. You may also be required to install an ignition interlock device on your vehicle.
Your Sugar Land DWI Lawyer Adam Capetillo
If you or a loved one is facing DWI charges, you should reach out toAdam Capetillo, a leading DWI attorney in Sugar Land, as soon as possible. A Fort Bend County native with experience in defending clients accussed of DWI, he will provide a skilled aggressive defense, coupled with discretion and compassion. Call Capetillo Law Firm (346) 249-5544 today for a free consultation.