Generally speaking, if you are arrested for DWI the police officer is going to ask you to take a breath test. The Texas Transportation Code says that if a person refuses to give a breath specimen, their driver's license shall be suspended for 180 days. It also says that if a person gives a breath specimen and the result is an alcohol concentration of 0.08 or greater, the license shall be suspended for 90 days.
However, you are entitled to a hearing before DPS can suspend your license. You must request this hearing within 15 days of the day you were arrested. This hearing is an administrative hearing. It is independent of the DWI case. The ALR hearing will be in front of a different judge in a different courtroom with a different prosecutor than the DWI case. It is considered a civil case not criminal.
The ALR hearing is very important for several reasons. First, you need your driver's license! Equally important though, it gives a good lawyer an opportunity to cross examine the police officer and other witnesses who will also testify at the DWI trial. This is a great tool to prepare for the DWI trial.
If DPS does suspend your driver's license, I can petition the court for a restricted driver's license that will allow you to drive for employment purposes.
