Reader’s Question:

If I refused to take a breathalyzer test or any form of testing when found driving under the influence in Houston, Texas, would that automatically mean suspension of my driver’s license? And if yes, is there a way for me to prevent it?

Adrian

Houston, TX

When found driving under the influence in Houston, Texas, there is a process that you have to go through first before your driver’s license is suspended. After an arresting officer charged you for DUI, you have the right to what is called an Administrative License Revocation Hearing (ALR hearings). At the time of your arrest, you should receive a written notice about the suspension of your driver’s license. Then you will have 15 days from the date of receipt, to request in writing, a hearing from the Department of Public Safety (DPS) headquarters. If you fail to request a hearing, you will lose the right for ALR and your license will be suspended on the 40th day after receiving the notice.

If the officer did not give you a notice about your license suspension, you will still get a notice from DPS sent to you via certified mail. After receiving the DPS notice, you will have 15 days to file for a hearing instead of 15 days from the date of your arrest. A 5-day grace period is given after the notice is mailed, giving you 15 days to request for a hearing. But it is advised not to rely on receiving a notice from DPS to request a hearing or you might end up waiving the right for ALR.

Tags: drunk driving laws, DUI advice, DUI arrest, DUI lawyer