Texas Driver's License may not be suspended if under .08 BAC

While the State is allowed to criminally prosecute people arrested for DWI who blow under the .08 limit, the ALR statutes provide that a person’s driver’s license may not be suspended in that situation, if the defendant is 21 or older.

Texas Transportation Code Section 524.012 (c) (1) specifically states:

(c) The department may not suspend a person's driver's license if:

(1) the person is an adult and the analysis of the person's breath or blood specimen determined that the person had an alcohol concentration of a level below that specified by Section 49.01(2)(B), Penal Code, at the time the specimen was taken.

However, for those under 21 who provide a breath specimen above .00 and below .08, the Department of Public Safety will seek the shorter 60 day suspension period for DUIM, driving under the influence by a minor.

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Austin DWI Lawyer - November 9, 2008 7:52 PM
Several folks – prosecutors and defense lawyers – that I see on a regular basis in the Travis County Courthouse have asked me why I didn’t blog about the No Refusal Weekend that started on Halloween. (Short version: Austin Police...
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Russell Smith - July 13, 2009 10:59 AM

I recently got a DWI, first offense, and refused the breathalyzer. Still, they took a blood specimen. I would like to know how long it normally takes to get the results of said bloodtest back. This happened exactly two months ago, and I am not going to get a lawyer since I will not be above the legal limit of .08. This happened in Gregg County. I would like to know what I need to do to get the ball rolling on this, short of spending 3,000 dollars for a lawyer just to get the case overturned.

Austin Attorney Suspended Driver License - October 1, 2014 5:08 AM

A regular basis in the Travis County Courthouse have asked me why I didn’t blog about the No Refusal Weekend

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