Section 524.021 of the Texas Transportation Code provides that a person’s license will be suspended on the 40th day after receiving the Notice of Suspension, which is, in almost all cases, the night of the DWI arrest. If a hearing is requested within 15 days of the arrest, Section 724.041 provides that the suspension is stayed
Chapter 724 of the Texas Transportation Code is entitled “Implied Consent” and this law covers the rules regarding driver’s license suspension hearings for Texas DWI breath test refusal cases.
The basic legal premise justifying a DL suspension in refusal cases is that every person that has a Texas driver’s license already agreed to submit to…
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
One of the especially confusing things that happens during the course of a DWI arrest in Texas comes up at the point the defendant must decide whether or not to submit to a breath or blood specimen analysis.
Most people believe that since they are being asked a question (i.e. “Will you take a breath…
Folks arrested for first time DWI offenses in Austin often come to my office surprised that their physical driver’s license was taken from them before their release from jail.
Many believe that their license is currently suspended, before they have even gone to court. The truth is that the license suspension is not concurrent with the…
Chapter 524 – Administrative Suspension of Driver’s License for Failure to Pass Test for Intoxication
Subchapter A. GENERAL PROVISIONS
Section 524.001. Definitions
Section 524.002. Rules; Application of Administrative Procedure Act
Subchapter B. SUSPENSION DETERMINATION AND NOTICE
Section 524.011. Officer’s Duties for Driver’s License Suspension
Section 524.012. Department’s Determination for Driver’s License Suspension
Section 524.013. Notice…
Section 524.042. Stay of Suspension on Appeal
(a) A suspension of a driver’s license under this chapter is stayed on the filing of an appeal petition only if:
(1) the person’s driver’s license has not been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the
SUBCHAPTER A. GENERAL PROVISIONS
SUBCHAPTER B. TAKING AND ANALYSIS OF SPECIMEN
Section 724.048. Relationship of Administrative Proceeding to Criminal Proceeding
(a) The determination of the department or administrative law judge:
(1) is a civil matter;
(2) is independent of and is not an estoppel as to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension
Section 724.061. Admissibility of Refusal of Person to Submit to Taking of Specimen
A person’s refusal of a request by an officer to submit to the taking of a specimen of breath or blood, whether the refusal was express or the result of an intentional failure to give the specimen, may be introduced into evidence…