License Suspensions

What can you tell me about driver's license suspensions resulting from a DWI arrest?

The law is different for those Adults (over 21 in this context) and those who are not.  For adults, an individuals license may be suspended if a law enforcement officer determines that there is a reasonable suspicion for an initial traffic stop of a motorist and after contact with the individual is initiated, the officer develops probable cause to arrest the person for DWI. Specifically, if the officer has reason to believe that the driver is impaired, a set of field sobriety tests may be administered.

If the driver performs poorly and driver is arrested for DWI and transported to the police station where the driver is asked to submit to a chemical test to measure his/her alcohol concentration. Usually, the individual is asked to take a breath test, although the officer may request a blood specimen. If the driver refuses to provide a specimen, or provides a specimen with a prohibited alcohol concentration (above .08 for persons over 21), the officer serves the individual with a Notice of Suspension and confiscates the driver license.

As with adult offenders, a law enforcement officer must have reasonable suspicion to conduct a traffic stop. However, a full custodial arrest is not required for a DUI offense, but is permitted, according to the officer’s discretion. Once the officer determines that the individual is under 21 years of age, and has reason to believe that he/she has consumed alcohol, two distinct methods of enforcement are possible.

In less serious cases, the officer will issue the driver a citation for DUI, serve the individual with a Notice of Suspension and confiscate the driver license. The minor will not be placed under arrest and no chemical test will be requested. Alternatively, the officer may proceed with a custodial arrest procedure if he believes that the individual is seriously impaired. Field sobriety tests may be administered and the minor will be arrested (or taken into custody) and transported to the police station. The driver may be asked to submit to a chemical test to measure his/her alcohol concentration. If the minor refuses to provide a specimen or provides a specimen with any detectable amount of alcohol, the officer will issue a citation for DUI, serve the individual with a Notice of Suspension and confiscate the driver license. Of course, the officer may arrest the minor for the more serious offense of DWI if the circumstances warrant such a charge

What is the period of the suspension for a DWI related suspension?

Again, that depends on the circumstances involved and the age of the individual.  For an adult who refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance the period of suspension is 180 days for the first offense. The period of suspension 2 years if the individuals license was previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

If the adult individual provided a specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense under Section 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle the period of suspension 90 days for the first offense. The period of suspension is 1 year If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

For individuals under 21 years of age who refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance the period of suspension is 180 days for the first offense. The period of suspension is 2 years if previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

If the under age individual provided a blood or breath specimen with an alcohol concentration of 0.08 or greater, (or any detectable amount of alcohol) or was not requested to provide a specimen following an arrest for an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle the period of suspension is 60 days for first offense. The period of suspension is 120 days if previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle and 180 days if previously convicted twice or more of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle.

Can I fight the suspension?

Yes you can. Regardless of age, the driver has 15 days from the date the Notice of Suspension is served to request a hearing. If no hearing is requested, the suspension automatically goes into effect on the 40th day after notice was served. If the individual requests a hearing, the temporary driving permit remains in effect until the date of the final decision of the administrative law judge. The driver is required to pay a fee of $125 to reinstate the license after the suspension period expires.

How and where is an Administrative License Revocation (ALR) hearing conducted?

The ALR hearing is conducted at a location designated by the State Office of Administrative Hearings (SOAH) in either the county of arrest (if the arrest occurred in a county with a population in excess of 300,000) or within 75 miles of the county seat of the county of arrest. Alternatively, both parties may agree to hold the hearing by teleconference. The hearing is conducted by an Administrative Law Judge (ALJ) employed by SOAH and the DPS has the burden of proof by a preponderance of the evidence. If the judge makes an affirmative finding on all the relevant issues, the license is suspended.

Is it true, that if I am convicted of DWI, I will have to pay a surcharge to keep my license?

Unfortunately, yes. Drivers who receive a conviction for a DWI are required to pay an annual surcharge for three years from the date of conviction of DWI, or a DWI-related offense. For the first conviction the surcharge is $1000 per year. The surcharge for a second or subsequent conviction is $1,500 per. If the DWI conviction is the result of a breath or blood test showing a Blood Alcohol Content of .16 or greater the annual surcharge is $2,000.

You only have 15 days after your arrest to fight your license suspension!

Call for a free consultation about your case.

(512) 442-3333