Will My Tarrant County DWI Arrest Cost Me My License?
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Grapevine or in the surrounding cities of Tarrant County, you are now facing the very serious consequence of having your Texas driver’s license suspended.
At the time of your DWI arrest, it is likely that a police officer provided you two documents: the DIC-24 and the DIC-25. The DIC-24 is a document that is given to every citizen arrested for DWI that spells out the statutory warnings and consequences for refusing to take or failing a breath or blood test (.08 blood alcohol content or greater). The DIC-25 is a document, once given to you by a police officer, that triggers the administrative license revocation process.
Once you have been given the DIC-25 form, you only have 15 days from the date of being served this document to request an administrative license revocation (ALR) hearing. Additionally, because the arresting police officer is likely to keep your Texas driver’s license, it is important that the DIC-25 should be kept with you at all times because it will serve as your temporary driving permit. The DIC-25 will operate as your temporary driving permit until 41 days after you have received it.
What is the Purpose of the ALR Hearing?
According to Tex. Trans. Code §724.042, all ALR hearings must be conducted through the Texas Department of Public Safety (scheduled through the State Office of Administrative Hearings) and the administrative judge must make a determination that all of the following are true, or your driver’s license must be reinstated:
- 1.The police officer must have had reasonable suspicion or probable cause to make your DWI stop;
- 2.The police officer must have had probable cause to believe you were actually operating your vehicle or watercraft in a public place while intoxicated;
- 3.The police officer must have placed you under arrest and asked you to give a breath or blood test;
- 4.You must have refused to provide a breath or blood test.
Your DWI ALR hearing will likely be held within 40 days of the date of your DWI arrest but you will not be required to attend. If you choose to retain The Hampton Law Firm, we will appear for you at this ALR hearing and challenge the legality of the stop, arrest and breath or blood request.
What Happens if I Don’t Request an ALR Hearing or Lose My ALR Hearing?
If you fail to timely request an ALR hearing, your license will be suspended. If the administrative judge rules that all the legal conditions regarding your DWI arrest were present, the judge will have no discretion as to the length of your suspension. An affirmative finding by the administrative law judge at your ALR hearing will trigger a driver’s license suspension for which the length of the suspension will be determined by whether your case was a DWI breath or blood test refusal, a DWI breath or blood test failure, or if there was any detectable amount of alcohol in your system while operating a motor vehicle in a public place (*applies only in the situation of a DUI, where the person charged is under 21 years of age).
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or surrounding cities in Tarrant County, call The Hampton Law Firm now to save your driver’s license from being suspended and ensure you have the opportunity to have your case heard before a judge at an ALR hearing.