Will the Police Take Your Driver’s License When You Are Arrested for a DWI in Sugar Land?
If you are arrested for a DWI in Sugar Land, the police will 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.
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 Should You Do If the Police Take Your Driver’s License After You Were Arrested for a DWI?
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 to fight the suspension. 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 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 another reason why having an attorney work with you during the license suspension process is critical.
Can You Appeal a Texas ALR Hearing Decision?
The fight is not over if you lose an ALR hearing in Sugar Land. You have 30 days from the date the decision was made to appeal the case. If you do not file an appeal, your license suspension will start on the 41st day after the decision.
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
If you or a loved one is facing DWI charges, you should reach out to a qualified Sugar Land criminal defense attorney as soon as possible. Criminal defense attorney Adam Capetillo is a Fort Bend County native who will provide a skilled and aggressive defense. Mr. Capetillo is a skilled personal injury attorney as well. Call Capetillo Law Firm (346) 249-5544 today for a free consultation.