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Usually, if a person is arrested for a crime in Texas, they only need to worry about the criminal proceedings against them. However, in cases where there has been an arrest for driving under the influence (DUI), it is different. In addition to the DUI charges a person will have pending against them that may put them at risk of fines and possibly jail time, a person will also face a civil case against their driver’s license to suspend their driving privileges.
After a DUI arrest in Texas, there are two very important things that should be known:
A person’s license suspension will not begin immediately, and
A license suspension can also be prevented completely by requesting an Administrative License Revocation (ALR) hearing within 15 days from the date of one's arrest.
What is immediately confiscated by law enforcement is a person’s plastic driver’s license, as it is replaced with a Notice of Suspension instead. This is a temporary license that is valid for 40 days before the automatic suspension begins; however, if a timely request has been made for an ALR hearing, then any potential license suspension is placed on hold. The temporary license will then remain valid until after the ARL hearing is conducted, even if it has been scheduled for after 40 days.
Drivers are afforded the right to challenge their driver’s license suspension at an ARL hearing before it takes effect. Often, these hearings are complicated and will follow a different set of procedural rules than that of a criminal case. Thankfully, an experienced attorney at Sparks Law Firm can be the difference between having a driver’s license recovered or having it suspended.
Anyone who has been arrested for DUI in Texas and is in need of representation at their ALR hearing can count on a professional DWI lawyer in Tarrant County TX at Sparks Law Firm to represent them. Not only will these experts defend a client’s driving privileges, but they will also use this hearing as an opportunity to start on a client’s DUI criminal defense so that they have valuable testimony.
What Happens to a Driver’s License After a DUI Arrest?
There are two things that can result in the immediate revocation of a person’s driver’s license if they have been arrested under the suspicion of driving under the influence, these are namely:
Refusing to submit a blood or breath test, or
Having a blood or breath alcohol concentration of 0.08 or more.
Under Texas law, the statute of implied consent is only applied once a person has been placed under arrest for suspicion of DUI. After a failure or refusal, law enforcement officers are required to confiscate a driver’s Texas driver’s license.
Notice of Suspension in Texas
Having a notice of suspension issued does not mean the end of one’s ability to drive. Normally, the arresting officer will issue what is known as a pink slip. This is a Notice of Suspension, and it serves two of the following purposes:
It informs a person of their rights regarding their suspended driver’s license, and
A Notice of Suspension also acts as a temporary driver’s license that is used immediately after a DUI arrest.
As already mentioned, a Notice of Suspension only provides a person with temporary driving privileges that last for 40 days. The purpose of a temporary license is to give a person time to obtain other forms of transportation and settle their affairs.
Possible License Suspensions After a DUI in Texas
If one’s license is suspended, there are two different time frames under which their DUI license suspension can fall. The duration of a suspension will depend on their criminal history and the circumstances of their arrest.
Most first-time offenders will be given a suspension that can last anywhere between 90 days and one year. However, in the case where they refused to submit a blood or a breath test, or if their BAC registered at .15 or more, their suspension may last between 180 days and two years.
Those that have had at least one DUI conviction on their record prior in the last ten years can also face a driver’s license suspension that lasts between 180 days and two years.
How the Criminal Defense Attorneys at Sparks Law Firm Can Help
A person’s best chance at preventing the suspension of their driving privileges or not receive a misdemeanor for a DUI is to have a Sparks Law Firm lawyer at their side during an ALR hearing. These attorneys have the necessary experience to find a weakness in the State’s case and highlight their client’s defenses.
Anyone who has been arrested for DUI in Texas should discuss their case with these professionals as soon as possible. They can be contacted today at (817) 381-7846 for a free consultation.
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