In addition to significant fines, another consequence of a first-time DWI is often the suspension of a driver’s license. According to Texas’s implied consent law, any licensed driver who refuses to submit to a blood alcohol test upon arrests risks suspension of their license. In addition, a DWI conviction could also lead to a suspension, even when the arrestee submitted to a blood test. A driver’s license suspension following a first-time Plano DWI could last up to 180 days.
After a first-time Plano DWI charge, if a person refuses a breath or a blood test, the Department of Public Safety will likely attempt to suspend the person’s license for 180 days. If they submit to a breath blood test and fail, DPS will likely attempt to suspend their license for 90 days on a first-time DWI.
If a person were arrested for DWI based upon the suspicion of being on a drug or a controlled substance, whether legally prescribed or not there will be no suspension regardless of what drugs are found, as long as they comply with a drug test. If they refuse a blood test, then there would be the suspension hearing, and DPS would likely try to suspend their license for 180 days.
If a person is convicted and sentenced to probation, there will not be an automatic license suspension for a first-time DWI. Instead, a defendant will be ordered to take a 12-hour DWI education course within the first 180 days of probation. As long as that course is completed and proof of completion is provided to DPS, there will be no automatic suspension. If a defendant is given probation and they do not complete that course within 180 days, however, then DPS will suspend their license.
To challenge the suspension of their license after a first-time DWI in Plano, a person has 15 days to request a hearing. A request can be made by sending a fax or by making a phone call to DPS.
Occasionally DPS will fail to document a phoned or faxed request and suspend a persons driver license. When this occurs, an attorney could send the fax confirmation to DPS and they will in turn remove the suspension and issue a hearing date. As a result, it is always preferable to send a request by fax rather than by phone. If an error on DPS’s part is made and a suspension occurs, there is no proof of the phone call that can be provided to DPS for them to remove the suspension.
If a person is acquitted of DWI, a copy of that acquittal needs to be faxed to DPS and any license suspension will then be removed. It is very common that by the time someone has a trial, their suspension has been fully served, but in that case, the suspension will still be removed from the record. If they were currently on a suspension, that suspension would be rescinded, and they would be able to get their driver’s license back.
A suspended license suspension could seriously disrupt a defendant’s life. Not being able to drive may harm a person’s work life, limit their freedom and mobility, and prevent them from visiting friends and relatives. An experienced defense attorney could help challenge a driver’s license suspension following a first-time Plano DWI and restore a defendant’s right to operate a vehicle. Reach out today for help.