A drunk driving arrest in Texas can lead to a number of serious consequences. One of the most burdensome penalties is losing one's driver's license. For most people in Texas this is more than just an inconvenience; we depend on our vehicles to get to and from work and school, and to carry out all the necessary errands of everyday life.
It is possible to challenge a DWI-related license suspension, but it is critical to act quickly. A person arrested for drunk driving has 15 days from the date of the arrest to schedule an administrative hearing before the Texas Department of Public Safety. Failing to request a hearing within that 15-day period will result in losing the right to challenge the suspension.
The license suspension hearing at the Department of Public Safety is an administrative process, unrelated to the criminal case which proceeds separately in the court system. The issue of one's guilt is not before the hearing officer; the only issues are whether the arresting officer had reasonable suspicion to pull the driver over and probable cause to make the arrest; whether the driver refused a breath test or took the test and got a result of 0.08 or more; and whether the driver failed the field sobriety tests at the scene.
At the Law Offices of Jed Silverman we have represented numerous people in administrative hearings challenging DWI-related license suspensions, and we have been successful many times. For more information on our DWI defense practice and how we can help our clients at driver's license suspension hearings, feel free to contact us.