21 Mar Have you been arrested for Driving While Intoxicated?
Being arrested for DWI can be very confusing because not only do you have to worry about the criminal charge, but you must also be concerned about the license suspension from the Department of Public Safety. When arrested for DWI, the officer will request a specimen of breath or blood by reading to you the statutory warning form (DIC 24). The officer is also required to provide you a copy of the statutory warning to follow along with while the officer is reading it to you. The statutory warning advises you that you are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place and you will be asked to provide a specimen. The form then goes on to inform you of the possible consequences of providing a sample.
Providing a Sample for Suspected DWI
- If you refuse to provide a specimen, your refusal may be used against you and your license may be suspended for not less than 180 days. This may occur even if you are not prosecuted for DWI.
- If you refuse, the officer may apply for a warrant authorizing a specimen to be taken. In Tarrant County, rarely is a warrant not issued for a person who refuses to provide a sample. Every day is a no refusal day in Tarrant County.
- If you are under 21 and provide a sample over .08 your license may be suspended for 90 days and not less than 60 days if you had a detectable amount of alcohol in your system.
- You may be disqualified from driving a commercial vehicle for one year if you provide a specimen over .08 or refuse to provide a specimen. This applies even if you were not driving a commercial vehicle at the time of your arrest.
- The good news is that you may request a hearing to contest the suspension, but the hearing must be requested within 15 days from the date of your arrest.
Administrative License Revocation Hearing
The first step following an arrest for DWI is to hire an attorney that will request an Administrative License Revocation hearing to prevent the automatic suspension! Once the hearing is requested, the temporary license is valid until the administrative law judge rules in your case. If a hearing is not requested, then your license will be automatically suspended 40 days from the date of your arrest.
Attorney Craig Dameron
If you live in Tarrant County, you need an experienced attorney familiar with the DWI process in Tarrant County. If you have been arrested, call Craig Dameron at (817) 222-0624. We need to request a hearing to contest the driver’s license suspension within 15 days from the date of your DWI arrest!