An administrative license revocation (or ALR) is a part of the DWI Process by which a person arrested for DWI has a driver’s license suspension for three months, six months, one year, or two years if it’s the second DWI. This is a headache in addition to criminal charges that accompany DWI. The penalties for DWI can really hurt.
Wait, You Don’t Remember Saying You’d Give Blood or Breath?
It’s because you may not have. The Transportation Code states that you, as a Texas driver, agree to give a breath or blood specimen. This is known as the Informed Consent Law. You gave this “consent” when you got your Texas Drivers License. Therefore, if you are arrested on suspicion of DWI and you refuse a blood or breath test, you will be penalized with an increased driver’s license suspension.
After Your Arrest, You Will Receive Written Notice of Your Driver’s License Suspension
A driver who has been arrested on suspicion of DWI will receive written notice. This form is called the DIC-24. The form simply states in writing that you have been asked to give a breath or blood test to measure your BAC. If you refuse to submit to a chemical test, there are harsher penalties. A first time DWI offender faces a mandatory 180 day administrative license suspension. A second time DWI offender faces a two year suspension.
You Must Request a Challenge Within 15 Days
A driver can always request a hearing to challenge the suspension, but must do so within 15 days. If not, it will go into effect 40 days after the driver was arrested and given notice. These suspensions can be challenged and you can prevail. If you have been arrested for DWI, you need an attorney who will contest your driver’s license suspension. You need an attorney who will fight for you to keep your driver’s license.
If You Consent, You are Facing 90 day Driver’s License Suspension. But if You Fail, It could mean Much More
The state of Texas makes it hard to refuse, but it is simply not worth it to consent. If you do consent to and give a specimen over the legal limit of 0.08 BAC, it will affect how the prosecution approaches your case. A DWI conviction is much more serious than the ALR. That’s not to say that you can’t prevail with an incriminating breath test. You can. If you want to read about how faulty and unscientific breath tests can be, read The Science of DWI Breath Tests. But the bottom line is that if you consent to a breath test, you are looking at a 90 day driver’s license suspension anyway!
If Your BAC is .15 or Higher, that Enhances the Charge
Remember, if you give a specimen of a 0.15 BAC or higher, you will be charged with a Class A misdemeanor and will have a mandatory ignition interlock device installed on your car. That can be painful and embarrassing. Also, a damaging BAC test will not help you during plea negotiations or at trial. Whether this is your First, Second, Third, or Felony DWI charge, call me and we can deal with it.