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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  • Russell Smith

    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.

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