About Your DWI Case

dwi

Administrative License Revocations

If you are arrested for driving while intoxicated in Texas, also known as a DWI or DUI, you will face an administrative license revocation, which is a civil case regarding your driving privileges. This revocation could affect your ability to drive to and from work to earn a living.

With both your freedom and your future at risk, you need to contact the Austin DWI defense attorneys at Minton, Bassett, Flores & Carsey, P.C. by phone at (512) 476-4873 or through our online form. Our Austin DWI/DUI defense attorneys handle cases in Hays, Bastrop, Caldwell, Burnet, Comal, Travis and Williamson counties. We will defend your rights and reputation. We will review your case thoroughly to determine whether your reasons for refusing the test can be persuasive in court or whether the arresting officer had probable cause to stop you in the first place.

Texas Administrative License Revocation Law

Under Texas law, anyone granted a license to operate a vehicle on public roads is deemed to give “implied consent” to a breath or blood test if they are arrested for DWI. If you refuse to submit to the test, your license will be suspended just as if you had taken the test and failed it. If you were involved in a serious or deadly accident, you can be compelled to provide the sample. The same rule applies if you are a boat operator who is stopped for a suspected BWI, and your boat has an engine of at least 50 horsepower.

If you refuse to submit to a test or fail the test, you will receive a notice of suspension. After you receive the notice, you have 15 days to ask for a hearing. If you request a hearing, your driving privileges can be temporarily restored until the hearing date.

After making the request for an ALR hearing, you will receive notice of the hearing date. Usually, the hearing takes place within 8-12 weeks after the date of arrest. At the hearing, your attorney will argue that your driver’s license should not be suspended. If the court does not agree, your license will be suspended for the following periods:

Adults

  • Refusal: 180 days for a first offense, two years for a prior offense. (Prior offense is either a prior test refusal, or prior license suspension for DWI, intoxication assault or intoxication manslaughter conviction during the past 10 years.)
  • Test results showing BAC of .08 or higher: 90 days for a first offense, 1 year for a prior offense. (Prior offense is a previous test failure, previous test refusal or prior license suspension for DWI, intoxication assault or intoxication manslaughter conviction during the past 10 years.)

Minors (under age 21):

  • Refusal: 180 days for a first offense, 2 years for prior offense. Prior offense is either a prior test refusal, or prior license suspension for DWI, Intoxication Assault or Intoxication Manslaughter conviction during the past 10 years.
  • Test results showing any amount of BAC: 60 days for first offense, 120 days for second offense, and 180 days for 3rd offense.

Contact Us Today

Call our Texas drunk driving attorneys at Minton, Bassett, Flores & Carsey, P.C., today at (512) 476-4873 or contact us through our online form. We have 45 years of experience representing clients in Austin, TX and the surrounding communities, including: Travis County (Creedmoor, Elroy, Manor, Pflugerville); Williamson County (Cedar Park, Georgetown, Liberty Hill, Florence, Leander, Round Rock, Taylor); Hays County (Buda, Dripping Springs, Kyle, San Marcos, Wimberley); Bastrop County (Bastrope, Clearview, Elgin, Rockne, Smithville); Caldwell County (Lockhart, Luling); Burnet County (Bertram, Burnet, Marble Falls); and Comal County (Bulverde, Canyon Lake, Gruene, New Braunfels, Sattler, Startzville). We will defend your rights and reputation.