Criminal Law Frequently Asked Questions

My Rights
Someone I know has been arrested, what should we do?
I have not been arrested, but I have been accused of a crime. What should I do?
Is it better to accept a plea bargain or go to trial?
What is a Criminal Law Board Certified Attorney?
 
General Information about DWI/DUI
What is DWI?
What is .08 alcohol concentration?
Is it .08 or more when I drive or .08 or more at the time I'm tested, or both, that will make me guilty of DWI?
If I am arrested will I lose my driver's license?
What if I need to drive during the suspension period?
How do I get my license back?
Does it make a difference if I'm under 21?
What is the Range of Punishment on a DWI?
What is the typical process after a DWI arrest in Texas?
How can I clear my record?
 
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If I am arrested will I lose my driver's license?

If you take the breath test and the machine registers over .08-breath alcohol concentration, DPS will attempt to suspend your license for 90 days for a first DWI arrest.

If you refuse to take the breath test after having been arrested for a DWI, then the DPS will attempt to suspend your license for 180 days.

Your license cannot be automatically suspended upon arrest for suspicion of DWI/DUI, no matter what the police may threaten. The issue of whether to suspend your license is subject to a separate civil hearing called an ALR (Administrative License Revocation hearing.) You should immediately consult your attorney to prepare for your ALR. You have 15 days from the time of your arrest or you will have waived your right to that hearing. If you do not request the hearing within 15 days then your license will automatically be suspended 40 days after you were arrested.

 

 

 


     
 
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