Is Your Driver’s License Automatically Taken When You Have Been Arrested And Charged For A DWI?
Yes. In the State of Texas, when you have been arrested or when the police officer pulls you over, he is going to ask for your driver’s license and insurance. From the police officer’s training, if he suspects that you are driving while intoxicated, then he is looking at how you obtained your driver’s license and your insurance. If you are fumbling in your wallet or your purse, that will be an indication of impairment.
When they have your driver’s license and insurance with them while they are doing their investigation with the field sobriety tests and then questioning you, if they think you are intoxicated and they arrest you for being intoxicated, then they will keep your driver’s license. They will keep that in their possession and/or turn it over to DPS.
During the arrest process, they will give you a Notice of Temporary Suspension. It is a form that says, “This is your driver’s license now. You can drive with this piece of paper but you can only drive for forty days. Your license will be suspended in forty days unless you apply or send notice that you want to fight the driver’s license suspension, which is an automatic license revocation hearing or ALR hearing.” That notice must be sent to DPS within fifteen days of the person’s arrest in order to demand and give notice that your attorney wants a driver’s license hearing.
You will have fifteen days to notify DPS that you wish to protest and have a hearing as to whether or not your license should be suspended. If your attorney does not send that notice to DPS within fifteen days of your arrest, then your license will be suspended in forty days from your arrest. Therefore, these forty days are extremely critical.
Do Most People Have Hired An Attorney In The Fifteen Days?
Most people have. However, some people wait and that is not a good decision, whereas some people lose the paperwork they are given. If you miss the fifteen day notice period, then generally, there is no going back and requesting a hearing.
To find out What Happens To Your Driver’s License In A DWI Case, call the law office of James Alston for a FREE Consultation at (713) 714-0481 and get the information and legal answers you’re seeking.
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