Driving while intoxicated (DWI) arrests in the Austin area commonly lead to criminal charges. Before a motorist has their day in court, they are first at risk of an administrative license revocation. Anyone who fails a chemical test or refuses testing after a DWI arrest is at risk of an administrative license suspension before they ever go to court.
Drivers have a limited window of opportunity in which to defend their driving privileges prior to their DWI trials. Motorists facing license revocation and criminal charges likely require criminal representation if they hope to avoid a license revocation and other criminal consequences.
How do DWI defendants avoid revocation?
Under Texas state statutes, an administrative license revocation generally takes effect on the 40th day after a DWI arrest. Those who want to protect their driving privileges have 15 days from the date of their arrest to request a hearing.
The Travis County administrative license revocation hearing process begins with a letter in response to the hearing request. That letter includes information about an upcoming hearing, which typically occurs within 60 days of the request.
The motorist can temporarily retain their driving privileges until they have a hearing in front of an administrative law judge. The defendant and their attorney can use the time between requesting the hearing and the scheduled date of the hearing to gather critical evidence.
If there is proof that the traffic stop was unlawful because the police officer did not have probable cause, that can play a major role in defending against licensing consequences. Other details about the situation, including whether the DWI arrest itself had a basis in probable cause and what information the police officer conveyed to the motorist during the traffic stop, can influence whether or not the judge hearing the case decides to suspend a motorist’s license.
If the judge rules against the DWI defendant, the administrative license suspension or revocation takes effect, and retaining driving privileges then involves defeating the DWI charges they face in criminal court. If they agree with the defendant, they can keep their license until their case goes to trial.
Talking with an Austin DWI attorney as soon as possible after a DWI arrest can help drivers take appropriate steps in the days immediately after their arrest to protect their driving privileges. A lawyer’s support immediately after an arrest can help motorists protect their driving privileges and fight unfair DWI charges.