According to the National Council on Alcoholism and Drug Dependence (NCADD), about 32 percent of fatal crashes involve an intoxicated driver. This is the reason behind the government’s implementation of severe penalties when it comes to such offenses. One punishment is Administrative License Revocation (ALR). This applies to drivers arrested for Driving While Intoxicated (DWI) and failure or refusal to take a breathalyzer or blood test.
If you refuse or fail a given alcohol test following a DWI arrest, an officer will suspend your license from 90 days to two years. Defiance or failure will lead to an automatic one-year disqualification for drivers with a commercial license.
Sobriety Tests and License Suspension
Police officers will administer a field sobriety test if they think you are impaired. DWI attorneys like DNTrialLaw.com say if you perform poorly on the tests, the officer will arrest you for DWI. In most cases, you will be required to take a blood or breath test to measure blood alcohol concentration (BAC) level. Failure or refusal to take a test leads to license suspension, with 15 days to request a hearing.
Hearing and License Reinstatement
You may request a hearing to contest the suspension of your license. According to the Texas Department of Public Safety, you need to allow up to 120 days for the hearing to be scheduled after sending a request letter. During the hearing, an Administrative Law Judge (ALJ) will listen to your side before issuing a final and appealable decision. Hiring a DWI lawyer is beneficial for guidance your case.
You may be eligible to apply for an occupational license while your driver’s license is revoked or suspended. This allows the operation of a non-commercial vehicle with connection to school-related activities, work, or accomplishing household duties.
If you’ve been through the hearing process and the court decides to suspend your license, you can appeal that decision. Hiring a DWI attorney will help with navigating the legal system and getting the best possible outcome for your case.