It is a criminal offense in Texas, punishable with fines and/or jail time, to operate a motor vehicle while intoxicated. But that is not all; an arrest for drunk driving does not start and stop in the criminal justice system. The administrative effects start even before the prosecutor has had to prove that you are guilty of the alcohol-related crime charged.
Texas Department of Public Safety and Your Driver's License
When you are arrested for a Texas DWI, your license will be confiscated and you will receive a Notice of Suspension. The Notice of Suspension will serve as your temporary driving permit and is valid for 41 days.
The length of an administrative license suspension will vary depending on whether you failed or refused a breath test. If you failed a breath test, your license may be suspended by the Texas Department of Public Safety (DPS) for 90 days. If you refused to take a breath test, your license may be suspended for 180 days. If this is not your first DWI offense, the license suspension period may be up to one year for failing the test and two years for refusing.
The Administrative License Revocation Hearing
You have a limited time to request an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license. If you do not file an appropriate request within the specified time frame, your license will be suspended automatically for the applicable period on the date the temporary permit expires.
This ALR hearing is also your first opportunity to hear the evidence that the prosecutor has against you. It is an opportunity to find weaknesses in the case against you; a victory at the ALR hearing may lead to a victory on the criminal side too.
At the hearing, law enforcement must show that there was reasonable suspicion and probable cause to arrest you and that the consequences of refusing a breath test were explained to you. Whether you knew it or not, when you filled out the paper work for your driver's license, you agreed to consent to a blood or breath test if law enforcement suspects that you are driving while intoxicated. This is known as implied consent.
If you've been charged with a first offense DUI or are facing your second or third DUI, an experienced Houston attorney can help you protect your future by fighting the charges against you.
