Warning: You have only fifteen days to notify DPS that you intend to fight the automatic suspension of your driver’s license.
Following an arrest for DWI, the police will attempt to secure a sample of breath or blood for analysis. If you decline to provide a specimen, DPS will attempt to suspend your driver’s license for a period of 180 days. In the event, you provide a specimen and an analysis reveals an alcohol concentration of .08 or greater, the suspension is 90 days.
If you have prior suspensions due to drugs or alcohol, the suspension periods may increase. If you refused to provide a sample on two or more occasions within ten years, you may lose your license for up to two years. Inexplicably, the suspension periods for persons under age twenty-one are not as severe.
It is important to understand that your license is not suspended at the time of arrest. You do have the right to challenge the suspension. However, you have only fifteen days to notify DPS of your intent to do so. If you fail to take action, the suspension is automatic, unavoidable and begins on the forty-first day following the date of your arrest. As part of our comprehensive DWI representation, my office handles all aspect of your Fort Bend DWI arrest.
There are two primary reasons to fight the suspension. First, you may win and avoid the suspension altogether. This will save you money, hassle and preserve your driving record. But saving your driver’s license is not the only reason to fight the suspension. The ALR process is a great opportunity for us to gain valuable information about your case. Specifically, we are entitled to subpoena the officer that arrested you to question him concerning everything that happened prior to your arrest.
This is important because it allows us to gets the officer’s side of the story while at the same time committing him to a single version of events. It has been my experience that officers often come to these hearings unprepared to testify. Officers frequently guess, contradict their reports, the videotape or other witnesses. I will obtain a written transcript of all testimony. This is ammunition that will be available at the criminal trial to impeach the officer in the event he tries to change his testimony.
Segura & Kiatta, Criminal Defense
345 Commerce Green Blvd
Sugar Land, Texas 77478