The Texas Department of Public Safety (DPS) is the entity that handles driver’s licenses, vehicular fines, the point system, driving records, and other items related to the operation of a motor vehicle in the Lone Star State. The Texas DPS is the agency that will restrict, suspend, or revoke your driver’s license if you are charged with and convicted of Driving While Intoxicated (DWI). It is the agency you will need to contact to fight any suspension and to have your driver’s license reinstated. Let’s explore the ways the DPS handles DWI cases in today’s post.
The Administrative License Revocation Program
In Texas, DPS operates the Administrative License Revocation (ALR) Program. This program will try to suspend or revoke your driver’s license if you are arrested for DWI by any law enforcement official in Texas. The circumstances under which they may revoke your license include the following:
- You fail a breath or blood test.
- You refuse to take a breath or blood test.
- Your Blood Alcohol Content (BAC) level is 0.08 or higher according to a blood or breath test when driving a non-commercial vehicle.
- Your BAC level is 0.04 or higher according to a blood or breath test when driving a commercial vehicle.
Having your driver’s license or Commercial Driver’s License (CDL) suspended under the ALR program is a punishment separate from the criminal court proceedings.
The ALR Process
The process for ALR is as follows:
- You fail or refuse a blood or breath test.
- An officer may confiscate your driver’s license.
- The officer should provide you with a driver’s license suspension notice.
- The officer issues you a temporary driving permit.
- You have 15 days from receipt of the suspension notice to request a hearing to fight the suspension
- If you fail to request a hearing, the suspension begins after 40 days of receiving the notice.
- You have to pay a $125 fee, along with any other outstanding fines and fees, to reinstate your Texas DPS driver’s license after the suspension period is over.
Requesting a Hearing
You (or your attorney) should always request a hearing regarding the suspension or revocation of your driver’s license. DPS will respond in writing to the address you provide. The letter sent to you by DPS will include the date, time, and location of your hearing. Sometimes it can take months for DPS to schedule a hearing.
An Administrative Law Judge (ALJ) will preside over the hearing. The ALJ will hear testimony from you and a DPS attorney, and then he or she will determine whether DPS proved its case against you. If they did, your license will be suspended. If they did not, the ALJ will rule in your favor not suspend your license. You may request an appeal to the judge’s decision, but you must submit your appeal petition within 30 days of the ruling to the DPS via certified mail.
You Only Have 15 Days! Call an Attorney Today
If you are facing a driver’s license suspension related to a DWI, you need to enlist the services of an experienced and professional Texas DWI attorney. The expert team of attorneys at Flood and Associates will fight tirelessly for your rights, seek the retrieval of your driver’s license, and defend you from DWI charges. Contact our team 24/7, 365 at 713-224-5529 for a free case review.