A person has 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING to save their license. If you do not request a hearing your license will be suspended automatically. The Law Office of Brock Duke can request this hearing for you.
When a driver either fails or refuses to submit to a breath/blood test, the resulting suspension against his/her driving privileges automatically becomes effective forty (40) days after the driver was asked to provide a breath or blood specimen unless the person or his/her attorney requests a license suspension hearing within fifteen (15) days of his/her arrest. Therefore, the suspension for failing or refusing a breath or blood test is only automatic if the driver fails to request an Administrative License Revocation hearing (ALR). If a hearing is requested, no action will be taken regarding suspension until after a hearing has taken place. Further, in the event of an ALR appeal, the suspension can be delayed for an additional 90 days. If your driver's license is suspended, you may also request an Occupational Driver's License or ODL.
The law requires law enforcement to take possession of a person's Texas driver's license after being arrested for Driving While Intoxicated or DWI and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. If you are like most people, you rely on your driver's license everyday. It is possible to prevent the suspension of your driver's license. Contact the Law Office of Brock Duke and we can help to prevent your license from being suspended.
Most people don't realize that when they are arrested for Driving While Intoxicated or DWI in Texas for either refusing to submit to breath or blood testing or failing a breath or blood test, that they actually have two cases against them: A criminal case and a civil case. This civil case deals exclusively with your driving privileges and has no influence on your criminal case. The civil proceeding is called an administrative license revocation hearing or ALR. The ALR is conducted under the rules of civil procedure and the level of proof needed to suspend your license is much lower than that of criminal case. At this hearing, the Department of Public Safety presents evidence of why your license should be suspended.
The Law Office of Brock Duke will defend your license suspension hearing by requesting a hearing. DPS will be required by law to prove by preponderance of evidence that:
1. that there was reasonable suspicion to stop or probable cause to arrest the driver;
2. that probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
3. that the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and,
4. that the driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
1. 90 days with no alcohol or drug related "enforcement contacts" listed on driving record within 10 years prior to date of the offense.
2. One (1) year with one or more alcohol or drug related "enforcement contacts" listed on driving record prior to date of offense within 10 years of date of the offense.
1. 180 days with no alcohol or drug related "enforcement contacts" listed on driving record within ten years prior to date of the offense.
2. Two years with one or more alcohol or drug related "enforcement contacts" listed on driving record prior to date of offense within ten years of date of the offense.
If your license is not suspended at the hearing, DPS is obligated to return your drivers license. If a suspension is ordered either automatically or after the hearing, you must pay a reinstatement fee of $125.00 to the Texas Department of Public Safety before the license will be reinstated. There is a specific Texas Department of Public Safety form that must be submitted to reinstate your driving privileges.
The Law Office of Brock Duke handles all types of criminal cases. If you have been arrested and charged with a crime, we can and will help.