Summary: DWI Drivers License suspensions are handled by the TExas Department of Public Safety, not the Courts. Following a DUI / DWI arrest in Texas, a police officer is required to confiscate the drivers license, and issue a temporary paper drivers license good or 40 days. Then, the driver has 15 days to request a hearing to challenge the suspension. If the request is not made on time, the suspenion takes effect automatically. A driver can challenge the suspension in person or on the phone. The issues that may be challenged are generally: 1) whether or not the driver had a blood alcohol content in excess of the legal limit, and 2) whether or not the driver was stopped / arrested with probable cause. The driver has a right to legal counsel in the hearing, and may call witnesses, including expert witnesses to challenge test results.
Details on How the Drivers License Suspension Law Works in Texas
Adult
Offenders
A law enforcement officer determines that there is a reasonable suspicion
for an initial traffic stop of a motorist. 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, the driver
is arrested for DWI and transported to the police station.
At the station, 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, the officer serves the individual with a Notice of Suspension and confiscates the driver license.
Offenders
Under 21 Years of Age
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.
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 to Challenge a Drivers License Suspension: Hearing Procedures
The ALR hearing is conducted at a location designated by 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.
Adult Offenders
If the driver failed the breath or blood test (Blood Alcohol Content Test), the ALJ must determine
whether (1) the person had an alcohol concentration of 0.08 or greater
while operating a motor vehicle in a public place; and (2) reasonable
suspicion to stop or probable cause to arrest the person existed.
If the driver refused to submit to a chemical test, the ALJ must determine whether (1) reasonable suspicion or probable cause existed to stop or arrest the person; (2) probable cause existed to believe that the person was operating a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or more while intoxicated; (3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and (4) the person refused to submit to the taking of a specimen on request of the officer.
Offenders Under 21 Years of Age
If a chemical test was not requested or if the driver provided a specimen
with any detectable amount of alcohol, the ALJ must determine whether:
(1) the person is a minor and had any detectable amount of alcohol
in the minor's system while operating a motor vehicle in a public
place; and (2) whether reasonable suspicion to stop or probable
cause to arrest or take the minor into custody existed.
If the driver refused to submit to a chemical test, the ALJ must determine whether; (1) reasonable suspicion or probable cause existed to arrest or take the minor into custody; (2) probable cause existed to believe that the minor was operating a motor vehicle in a public place while intoxicated or while having any detectable amount of alcohol in the minor's system or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; (3) the minor was placed under arrest or taken into custody and was requested to submit to the taking of a specimen; and (4) the minor refused to submit to the taking of a specimen on request of the officer.
An individual whose license has been suspended following an administrative hearing may appeal the decision rendered by the ALJ. The petition must be filed within thirty days of the decision in the county court in the county of arrest. A properly filed appeal petition stays the suspension for first offenders for up to ninety days.
Periods of Drivers License Suspension
Penalties for Adults
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:
|
180 days |
First offense |
|
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 |
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:
|
90 days |
First offense |
|
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 |
Penalties for Offenders Under 21 Years of Age
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:
|
180 days |
First offense |
|
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 |
Provided 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:
|
60 days |
First offense |
|
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 |
|
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 |
