Is my DWI arrest going to cause my drivers license to be suspended?
Most people think that their drivers license is automatically suspended just because they are arrested for a DWI in Houston. This is probably due to the police officer confiscating the drivers license when they make an arrest for DWI. Regardless, it is important to know that a Texas drivers license is not automatically suspended when someone is taken into custody for drunk driving. A person still has the opportunity to save their driving privileges. They must request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS) within 15 days of the arrest. The paperwork that was given to the person when their license was taken away from them serves as temporary drivers license until a final decision regarding the suspension is made at the ALR hearing. While the paperwork states you will have a license for 40 days in actuality it is not suspended until that final decision is made at the ALR hearing. It is quite possible that your drivers license will never be suspended. Do not panic if you do get a hearing date right away. The hearing date will be well past the 40 days and running at the very least 4 months from the DWI arrest. At the ALR hearing the Government must prove the following: 1. that there was a reasonable suspicion for the stop or that probable cause to arrest the driver; 2. there was probable cause that the driver was driving while intoxicated; 3. the driver was placed under arrest and asked to submit to a breath test; and 4. that the driver declined the breath test or provided a breath sample above the legal limit of .08 in Texas. While it is easier for the Government to win at ALR hearing since it has a much lower burden of proof called the preponderance of the evidence at the hearing compared to beyond a reasonable doubt in the DWI case many cases are won at the ALR saving a person's drivers license.
If you would like to speak to a Houston DWI Lawyer please contact our law firm at (713) 225-1038.