Hardin, House, Hultkrantz and Associates:
In the State of Texas, a person is considered intoxicated if he or
she has an alcohol concentration of 0.08 or more. If one is caught
driving while intoxicated, a DWI conviction could result in a criminal
record and jail time, the suspension or loss of your driver’s license
and in some cases, the installation of an ignition interlock device on
your car.
However, this need not be the case.
A DWI case includes not only the criminal charge but also a civil
administrative license revocation (ALR) hearing. An ALR suspension is
initiated against a driver, when following the arrest, he or she
refuses to submit to a breath test or blood test, or fails either a
breath test or blood test. The legal basis for the suspension is Texas’
implied consent law, which states that a person who drives on Texas
roads implicitly consents to take a breath test or blood test to
determine whether the person is driving while intoxicated.
Should you refuse the test or your test indicates an alcohol
concentration of 0.08 or more, you are still entitled to a hearing to
contest the suspension of your driver’s license. A notice for a hearing
must be submitted in writing within 15 days of receiving the notice of
suspension, usually the date of your arrest. At the hearing, you can
challenge:
- The circumstances of your arrest – did the police officer have
reasonable suspicion to stop you and did the police officer have
probable cause to arrest you
- Your refusal to take the test
- The result of the test if you took the test and failed