If you are arrested for a DWI in Grapevine – and you either fail a breath or blood test or refuse to take one – your driver’s license will be suspended. And while this is a hardship, all is not lost. It’s possible to regain your driving privileges by requesting an administrative license revocation (ALR) hearing in Grapevine. However, you should not try and handle this alone.
Many of the key elements of your DWI case will be brought into question during the administrative license revocation hearing, so it is vital to work with an experienced criminal defense attorney from the outset and throughout the entire process. Our attorneys can handle your ALR hearing and defend your Grapevine DWI charge.
Texas is an implied consent state, which means that when you applied for a driver’s license, you consented to taking alcohol tests in the event that you are arrested for driving while intoxicated. If you refuse to submit to a breath or blood test or have a blood alcohol concentration of .08 or more, you driver’s license will be suspended.
If you refused or if you gave a breath test of a .08 or greater, your license will have been confiscated before your release from jail. If you gave a blood test, the result can take weeks or even months to come back, so the way you find out if your license is suspended is when you get a letter in the mail from DPS advising you that your license has been suspended
It’s important to point out that, whenever you get notice of the license suspension, you will not lose your driving privileges for 40 days. The Notice of Suspension will act as a temporary driver’s license during this time frame. That will give you tome to get your affairs in order, hire an attorney and request an ALR hearing.
If you are arrested for DWI in Grapevine and refuse the tests, you only have 15 days from the date you were arrested and received a “Notice of Suspension” to request an ALR hearing. If you miss the 15-day deadline, you will lose the right to challenge the suspension of your driver’s license.
If you submitted a blood test and are awaiting test results, the law provides you up to 20 days to ask for an administrative hearing after being notified by mail that your license privileges are being removed. Again, if you miss the deadline and if you do not ask for a hearing, your license will automatically be revoked 40 days from the date you are notified of the impending revocation. It is crucial to contact our experienced attorneys near you immediately if you have been notified that your license is to be revoked in connection a DWI arrest.
An administrative license revocation hearing is the process by which an ALR judge will review the facts and decide whether your driver’s license should be suspended. A Grapevine ALR hearing can be held face-to-face at the Fort Worth SOAH Office or over the phone. The judge will review a wide range of evidence before making a decision. Several factors will need to be proven for the judge to revoke your license. For instance, if you submitted to a BAC test but did not pass, the prosecution will need to establish that probable cause existed to pull you over or arrest you for a DWI, as well as show that your BAC exceeded the legally permitted level. An experienced DWI attorney can attack the prosecution’s case and present legal issues.
Several factors could impact the length of your license revocation if the court finds you guilty at your administrative hearing. Whether or not you took a BAC test, and whether you have had your license privileges removed in the past will impact the length of the revocation. The penalties are enhanced for repeat offenders and minors (drivers 20 or younger) who decline or fail a BAC test. If you submitted to a test but your BAC was over the legal limit, you could lose your driving privileges for three months. However, for a repeat offense, you may lose your driving privileges for up to 12 months.
If you rejected a BAC test, and this is your first conviction, you will lose your driving privileges for six months. However, if this is not your first license revocation, the period of suspension will be for two years. Commercial drivers face enhanced license revocation sentences for declining to provide or failing a BAC test. They could lose their driving privileges for 12 months for a first offense, or for life if they have been convicted of certain driving-related offenses in the past.
If your license has been suspended after being arrested for a DWI, you should speak with an experienced ALR attorney who understands the nuances and complexities of the administrative license revocation (ALR) hearing process in Grapevine. Our lawyers will evaluate the details of your arrest and license suspension and defend you every step of the way. If your license suspension is upheld at the ALR hearing, our attorneys can help you obtain an occupational license. Give our legal team a call today and set up your free consultation.