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DWI License Suspension

What you should know about Texas license suspension laws

Many Texas drivers who are pulled over for DWI do not realize that a Texas drunk driving arrest creates two cases. More specifically, a DWI arrest results in a criminal charge, but it also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation, or ALR.

An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.

Notice of ALR Suspension

Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended. This is incorrect. When making an arrest for DWI, police officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

If you are arrested, you should act promptly in requesting a hearing. You have 15 days from the day of your arrest to request a hearing (and you must do so in writing).

Contact a criminal defense lawyer in Texas

For more information, visit our "ALR hearing" page on the website. If you were arrested for DWI in the Houston area, contact an experienced criminal defense lawyer. Call 1-800-395-5951 to see how Joseph LaBella & Associates can help.