A drunk driving arrest in Texas can lead to a number of serious consequences.
One of the most burdensome penalties is losing one's driver's
license. For most people in Texas this is more than just an inconvenience;
we depend on our vehicles to get to and from work and school, and to carry
out all the necessary errands of everyday life.
It is possible to challenge a DWI-related
license suspension, but it is critical to act quickly. A person arrested for drunk driving
has 15 days from the date of the arrest to schedule an administrative
hearing before the Texas Department of Public Safety. Failing to request
a hearing within that 15-day period will result in losing the right to
challenge the suspension.
The license suspension hearing at the Department of Public Safety is an
administrative process, unrelated to the criminal case which proceeds
separately in the court system. The issue of one's guilt is not before
the hearing officer; the only issues are whether the arresting officer
had reasonable suspicion to pull the driver over and probable cause to
make the arrest; whether the driver refused a breath test or took the
test and got a result of 0.08 or more; and whether the driver failed the
field sobriety tests at the scene.
At the Law Offices of Jed Silverman we have represented numerous people
in administrative hearings challenging DWI-related license suspensions,
and we have been successful many times. For more information on our DWI
defense practice and how we can help our clients at driver's license
suspension hearings, feel free to visit our