What happens to your license after an arrest for DWI?

“If a law enforcement officer has reason to believe a driver is impaired, a set of field sobriety tests will be administered. If the driver performs poorly on the field sobriety tests then the driver will be arrested for DWI or BWI.


1.      The driver is asked to take a breath or blood test to measure his/her blood alcohol concentration (BAC) level.

2.      The driver is served a notice that his/her driver license will be suspended if he/she refuses to take or fails the field sobriety test. (Registering a 0.08 BAC or greater is considered failing.) The individual then has 15 days from the date the suspension notice is served  to request a hearing.

        a. If a hearing is not requested, the suspension goes into effect on the 40th day after the notice was served. (This is  usually 40 days  after the arrest.)


        b. For various reasons, including delayed or missing paperwork, the 40 days can be retroactive or back-dated from the date of notice.

3.     The law enforcement officer will take the individual’s driver license and issue a temporary driving permit.

4.     A $125 Reinstatement fee is required prior to the renewal or issuance of a driver license.”


See https://www.txdps.state.tx.us/DriverLicense/alr.htm


© 2018 by Sostenes Mireles II PLLC