Texas Laws For DWI and License Suspension
Texas does not take the crime of driving while intoxicated (DWI) lightly. Drivers who appear to be under the influence can be arrested and taken to jail in order to be tested for their blood alcohol level. If they refuse to take a test or take the test and fail, they have an automatic suspension of their driver’s license. This is in accordance with the Administrative License Revocation (ALR) Program which was instated across Texas in 1995.
The Administrative License Revocation Program
Under the ALR program, licenses will be instantly revoked at the jail at the time of the arrest and the failure of the BAC test or the refusal to take a chemical test to measure BAC levels. There will then be an ALR hearing shortly after the arrest to determine if the suspension will remain. This usually depends on the determined blood alcohol level that was proven according to the test.
What License Suspension Entails
When your license is suspended, the length of time you are not allowed to operate a vehicle depends on your situation and your offense. Possibilities include:
- For those who refused to take a chemical test to determine BAC levels: first time offenders will have a license suspension of 180 days and multiple offenders will have a suspension of 2 years.
- For those who are given a test and are determined to have a blood alcohol concentration level above the legal limit (0.08): first time offenders will face a 90 day suspension and multiple offenders will face a 1 year suspension.
When you are arrested for a DWI your license will most likely be suspended. This is regardless of whether or not you are convicted with the crime. There are instances where individuals have their license suspended but are able to get a provisional license for the period of suspension in order to be able to transport themselves to work and back. Having legal assistance can help you protect your rights and maintain your privilege to drive even if you have been arrested or accused of driving under the influence.
If you have been charged with a misdemeanor or felony drug offense involving possession of firearms, contact Britt Redden, of Redden Law PLLC for a free legal consultation. Choose an experienced criminal defense Attorney in Dallas, who fights for dismissal of charges by preparing a powerful legal defense strategy.
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