Is Your License Suspended Immediately After a DWI in Texas?
Understanding the DWI Suspension Process in Texas
Driving While Intoxicated (DWI) is a serious offense in Texas, and the consequences can be severe. One of the most immediate concerns for individuals arrested for DWI is the potential suspension of their driver's license. However, unlike some states, Texas does not automatically suspend your license upon arrest for DWI. Instead, the suspension process involves a few steps:
1. Refusal to Submit to a Breathalyzer Test
If you are arrested for DWI and refuse to submit to a breathalyzer test, your license will be suspended administratively for a period of 180 days. This suspension is separate from any criminal charges you may face.
2. Failure to Provide Breath Sample
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Even if you agree to take a breathalyzer test but fail to provide a valid breath sample, your license will be suspended for 180 days.
3. Blood Alcohol Content (BAC) Above 0.15%
If your BAC is measured at 0.15% or higher, your license will be suspended for 72 hours. However, this suspension is typically extended to 180 days if you fail to provide an administrative hearing request within 15 days.
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| Is Your License Suspended Immediately After A Dwi In Texas |
4. Prior DWI Convictions
If you have prior DWI convictions, the suspension period for a new DWI offense can be significantly longer. For example, a second DWI offense can result in a suspension of up to two years.
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5. Administrative Hearing
You have the right to request an administrative hearing to contest the suspension of your license. If you believe that the arresting officer lacked probable cause or that the breathalyzer test was inaccurate, you can present your case at the hearing.
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Important Considerations
- Temporary Permit: While your license is suspended, you may be eligible for a temporary restricted driving permit. This permit allows you to drive for limited purposes, such as going to work or school.
- Criminal Charges: In addition to the administrative suspension, you will also face criminal charges for DWI. If convicted, you could face fines, jail time, and additional license restrictions.
- Federal Implications: If you are convicted of DWI within 10 years of receiving federal benefits, such as Social Security or disability payments, your benefits could be suspended.
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FAQs
How to Request an Administrative Hearing?
You can request an administrative hearing by submitting a written request to the Department of Public Safety within 15 days of the arrest.
How to Get a Temporary Driving Permit?
You can apply for a temporary driving permit by visiting your local Department of Public Safety office. You will need to provide proof of insurance and pay a fee.
How to Fight a DWI Charge?
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If you are facing DWI charges, it is important to consult with an experienced criminal defense attorney. Your attorney can help you understand your legal rights and options.
How to Restore Your Driving Privileges After a DWI Suspension?
Once the suspension period is over, you can apply to reinstate your driver's license. You may need to provide proof of completion of a DWI education program and pay a reinstatement fee.
How to Avoid a DWI Arrest?
The best way to avoid a DWI arrest is to never drive while under the influence of alcohol or drugs. If you plan to drink, designate a sober driver or use public transportation.
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