Reader’s Question:
I know that if someone is arrested for DWI in Houston, Texas, the driver’s license could be suspended. But what I need to know is that, do all DWI arrests end in the suspension of the driver’s license of the DWI suspect?
Holly
Houston, TX
The driver’s license suspension that you are referring to is the Administrative License Revocation (ALR), but not all DWI arrests end with suspended driver’s licenses. In most DWI cases, a “Notice of Suspension” is served immediately after the breath or blood alcohol test is failed or refused by the DWI suspect. Unless and until the driver’s license becomes suspended, the DWI suspect could drive without restriction.
A lot of police officers in Houston, Texas tell the people they arrest for DWI that the license is suspended as of the moment of arrest, which is not true. The DWI suspect would automatically lose his driver’s license unless a hearing request is received by the Department of Public Safety within 15 days upon the DWI suspect’s receipt of his notice of suspension. Making a timely and proper request would entitle the accused to a hearing if the driver’s license would be suspended. This administrative hearing would be conducted by the State Office of Administrative Hearings (SOAH) and this usually happens within six weeks of arrest. The driver’s license suspension ranges from 90 days to two years.
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Reader’s Question:
A friend of mine was accused of DWI here in Houston, Texas and I was surprised that he was charged with two separate crimes. If in case I get arrested for DWI, what do you think is the best thing that I should do?
David
Houston, TX
If in case you are stopped for driving while intoxicated or DWI in Houston, Texas, you just have to be polite to the police officer. You have to cooperate with what the officer asks you to do because it would be against your own interests to be rude or uncooperative. You could find yourself in this situation and your background (apart from any previous DWI offenses) would have no relevance, but your behavior when stopped would definitely be much relevant.
The basic limit of blood alcohol is 0.08% and if you have a blood alcohol test result above the legal level, you have to cooperate and try to take any subsequent tests. The state of Texas has an “implied consent” law, which means that when you obtained your driver’s license, you implicitly agreed to take a blood alcohol test if you are suspected of DWI. If you refuse to take the breath or blood alcohol test, it could be treated as a separate crime and your driver’s license could be suspended for a year and it could be viewed as admitting your own guilt.
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Reader’s Question:
I was told several times not to take the breath test if I’m stopped for DWI here in Houston, Texas. Why would I have to do that if I fairly know that my license would be suspended?
Roy
Houston, TX
Yes, it is true that if you refuse to take the breath test when asked to do so in a DWI investigation by a police officer in Houston, Texas, it would almost certainly result in the suspension of your driver’s license. The driver’s license suspension for breath or any blood alcohol test refusal would be for at least 180 days. However, there are a lot of issues about the breath tests and breath testing machines as many have already raised their concerns about the potential inaccuracy of the breath tests.
It would also be difficult for a DWI lawyer to defend the DWI case which involves breath tests. This is one of the primary reasons why even some DWI lawyers think that it would be impossible for them to recommend any driver to voluntarily submit to breath testing in a DWI investigation. They would rather prefer their potential clients to refuse a breath test, even if it means that they might lose their driver’s license for quite a while, especially if their client has had anything more than a single drink of an alcoholic beverage.
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Reader’s Question:
Does a person in Houston Texas have the option not to take a Breath or Blood Test?
Alison
Houston, TX
Alison the answer is yes. Even if Texas has an indirect consent law, a person arrested for DWI may turn down the test being asked for. This refusal may result to the following penalties: a 180-day suspension of your right to drive for a first DWI arrest, a 2-year suspension of your right to drive a vehicle for a following arrest within 10 years if you decline to submit to a test in your first arrest, and the prosecutor can disclose your refusal into evidence in your DWI trial. The prosecutor will then dispute that you refused the test because you knew you were too drunk and that you would fail the test.
If you give in to a test and fail, your right to drive can be suspended and the following consequences may happen: a 90-day deferral of your right to drive if your driving record shows no previous alcohol connected detention, a 1-year postponement of your right to drive if you have a previous arrest or suspension with the preceding 10 years, and the prosecutor can divulge the results of the test as proof at your DWI trial.
If you do not want to get a breath test, it is much better to tell the police officer that you want to speak to your attorney before making any decision, is different from refusing. Again, they probably will not give you the chance to talk to a lawyer, but there will be no test will that will still be given
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