I have been arrested for DWI, Is my Driver’s License Automatically Suspended?
What most people do not understand about being arrested for Driving While Intoxicated in Texas is that they will have two separate cases. One case will proceed in the criminal courts and the second is an administrative case. The administrative case involves the Texas Department of Public Safety. Upon receiving notice, usually in the form of a temporary license, you have only fifteen (15) days to challenge your license suspension. Failure to timely make this challenege will lead to the automatic suspension of your license. The temporary license only grants you 40 days of driving privileges from the date of receipt. before your license suspension starts. If you completely refused the breath and blood test the suspension lasts for 180 days for your first DWI/ALR case. If you took one of the tests voluntarily and the result is above a .08, the suspension for your first DWI/ALR case is only 90 days. Either way, it is possible to attack this suspension. If you request a hearing, your license will not be suspended until the State office of Administrative Hearings' Judge actually rules against you at a hearing or you waive the hearing. Even if your hearing is not scheduled till after the forty (40) days for the temporary license has passed, your license will be suspended until the State Office of Administrative Hearings' Judge actually rules against you at a hearing or you waive the hearing. However, depending on what happened during the arrest, their are arguments that can be made to preserve your license. Some arguments include, but are not limited to: were you read the DIC-24 statutory warnings, was their probable cause to stop you, or was the Intoxilyzer 5000 operating properly. A successful argument can keep your license from being suspended.