Can my driver’s license be suspended after a DWI arrest in Texas? Well, yes it can, but it may not. Here’s the mistake that a lot of people make. When the officer’s telling them that, “I might question about your breath, and if you refuse, then your license may be suspended for six months.”
Well, that’s what they do to try to coerce people into submitting to a breath or blood test, but this is kind of buried within the warning in there. It’s something that you’re not gonna hear or understand, especially under the circumstances, and the stress, and the nervousness because it is confusing.
But a person has a right to a hearing on whether or not their license will be suspended for allegedly refusing a breath or blood test in Texas. You can refuse that breath or blood test, and your license still may not be suspended if a hearing is demanded timely.
Now, usually, when a person is arrested for DWI and they refuse a breath or blood test, they get a notice of suspension. That notice of suspension states that their license is gonna be suspended, effective 40 days after the day of the arrest. It’s not suspended for 40 days, even if it ever is suspended. But, it also tells the person that they have a right to a hearing as long as that hearing is demanded within 15 days of the date of the arrest.
That hearing can often be won so that the license is not suspended. Even if the license is suspended, then it’s possible to get an occupational license issued to cover that period of suspension. So, you can still get to work on the essential things.
It’s best to refuse even though there may be a risk of suspension. Also, if you don’t refuse, you may get the suspension anyway if the test is over 0.08. If that happens, then your license can be suspended for failing the test. So, always refuse and then demand the hearing, and that hearing can possibly be won.
If that hearing is won, then you get your license back without having to go through the suspension period or pay the reinstatement fee. Also, it’s important to exercise that right to the hearing because, at that hearing, it’s possible to cross-examine the arresting officer at a time when that officer’s not been coached by the prosecutor. So, the officer can be pinned down on issues that may ultimately allow the case to be won, or the case to be thrown out, or evidence to be ruled inadmissible.
It’s important to refuse the test, to demand the hearing, to try to win that hearing and to use that hearing as a chance to cross-examine the arresting officer.
So, even though it’s possible for a person licensed to be suspended after a DWI arrest. It’s possible if they refuse or even if they consent and fail a test, it’s always best to refuse and then demand the hearing and try to win that hearing.
Your driver’s license can be suspended after a DWI arrest in Texas, especially if you refuse a breath or blood test. However, it’s crucial to know that you have the right to a hearing, and if demanded timely, you can avoid license suspension. It’s recommended to refuse the test, demand a hearing, and use this opportunity to cross-examine the arresting officer.
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