Administrative License Revocation In Texas
The Administrative License Revocation is a program that is applicable to individuals who are arrested due to a DWI or Boating While Intoxicated (BWI) and they refuse to take or fail a blood or breath test. This program is a civil administrative process not related to criminal court proceedings. Under the law, if an individual refuses or fails a blood or breath test after being arrested for a DWI, he or she may have their driver license suspended for 90 days to 2 years as well as an automatic one-year disqualification for those individuals who hold a commercial driver license.
A set of field sobriety tests can be administered by a police officer if he has reason to believe a driver is impaired. Not being able to pass the field sobriety test will warrant an arrest for DWI or BWI. The process includes:
1. The law enforcement officer will ask the driver to take a breath or blood test to measure the blood alcohol concentration level.
2. If the individual fails the test by having a blood alcohol concentration level above .08 or refuses the test, then the officer will be served with a notice that suspends the driver license. The individual will then have 15 days from the date of the served notice to request a hearing.
(i) In the event the hearing has not been requested, then the suspension of the license will take effect on the 40th day after the notice was served
(ii) If there is situation where a hearing was requested but the paperwork was delayed or missing, the 40 days can be retroactive or back-dated from the date of notice.
3. When the notice of suspension is served at the time of the arrest, the officer will issue a temporary driving permit
4. In order to renew or issue a driver license, a $125 reinstatement fee is required
If an individual wants to request a hearing in order to contest the suspension of their driver license they must do so within the allotted 15 days. These hearings are conducted by the State of Office of Administrative Hearings. The DPS will send a letter to the individual providing the date, time and location of the hearing. You should allow up to 120 days for a hearing to be scheduled. If you requested a hearing after the 15 days, then you will be sent a denial letter by mail. These hearings ask the individual to provide facts to the hearing officer who will decided whether the evidence provides grounds for license suspension. It should be important to note that if you have already been through the administrative hearing process and the outcome resulted in getting your license suspended, you may be eligible for an appeal. An individual may be eligible to apply for an occupational license during the time their driver license has been suspended.
A set of field sobriety tests can be administered by a police officer if he has reason to believe a driver is impaired. Not being able to pass the field sobriety test will warrant an arrest for DWI or BWI. The process includes:
1. The law enforcement officer will ask the driver to take a breath or blood test to measure the blood alcohol concentration level.
2. If the individual fails the test by having a blood alcohol concentration level above .08 or refuses the test, then the officer will be served with a notice that suspends the driver license. The individual will then have 15 days from the date of the served notice to request a hearing.
(i) In the event the hearing has not been requested, then the suspension of the license will take effect on the 40th day after the notice was served
(ii) If there is situation where a hearing was requested but the paperwork was delayed or missing, the 40 days can be retroactive or back-dated from the date of notice.
3. When the notice of suspension is served at the time of the arrest, the officer will issue a temporary driving permit
4. In order to renew or issue a driver license, a $125 reinstatement fee is required
If an individual wants to request a hearing in order to contest the suspension of their driver license they must do so within the allotted 15 days. These hearings are conducted by the State of Office of Administrative Hearings. The DPS will send a letter to the individual providing the date, time and location of the hearing. You should allow up to 120 days for a hearing to be scheduled. If you requested a hearing after the 15 days, then you will be sent a denial letter by mail. These hearings ask the individual to provide facts to the hearing officer who will decided whether the evidence provides grounds for license suspension. It should be important to note that if you have already been through the administrative hearing process and the outcome resulted in getting your license suspended, you may be eligible for an appeal. An individual may be eligible to apply for an occupational license during the time their driver license has been suspended.
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