A DWI arrest can leave you scared and confused. One of the biggest worries after getting pulled over for driving while intoxicated is the potential impact on your driver's license.
So, the question you likely have right now is: Will I lose my license after a DWI stop? The short answer is, yes, you can lose your license after a DWI stop in Bryan, TX.
The process and outcomes depend on various factors, including whether you complied with the requested tests and if you are found guilty of DWI.
At the Law Office of Shane Phelps, our experienced Bryan DWI defense lawyers understand your driver's license's critical role in everyday life.
A car isn't just a convenience, you need it to get to work, run errands, and maintain a social life. Without it, daily tasks become a significant challenge. We’re here to help.
How Does Texas Define DWI and DUI?
In Texas, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) refer to different offenses involving impaired driving. DWI is generally used to describe cases involving drivers older than 21 with a blood alcohol concentration (BAC) of 0.08% or higher or impaired by drugs, whether legal or illegal.
On the other hand, DUI typically applies to drivers under 21 who have any detectable amount of alcohol in their system. Both offenses can lead to serious legal consequences, but they are treated differently under Texas law.
What Happens in a DWI Stop in Texas?
When you're pulled over for a suspected DWI in Texas, the officer will observe your behavior, check for signs of intoxication, and may ask you to perform a series of roadside sobriety tests.
These tests assess your balance, coordination, and ability to follow instructions. If the officer suspects you are intoxicated, they might request a Breathalyzer or blood test to determine your BAC.
Can You Refuse to Perform Roadside Sobriety Tests?
While you can refuse to perform roadside sobriety tests, in some situations this refusal is more understandable and legally acceptable:
- Physical Disabilities: Physical disabilities or medical conditions like arthritis, neurological disorders, or injuries that impair movement and balance can make it difficult or impossible to pass the standard roadside sobriety tests.
- Health Issues: Certain health issues, such as inner ear infections or conditions that affect balance and coordination, can also make these tests difficult to pass.
What Happens if You Refuse Roadside Sobriety Tests?
If you refuse to perform roadside sobriety tests, the law enforcement officer will likely take alternative steps to assess your level of intoxication. Primarily, the officer may ask you to take a Breathalyzer test.
This test measures your blood alcohol concentration (BAC) and is a common method used to determine intoxication levels.
The officer may rely more heavily on their observations of your behavior, speech, appearance, and any odors of alcohol or drugs. They may also ask you questions to gather more information about your condition and activities.
If the officer has sufficient probable cause to believe you are intoxicated, they may arrest you and request a breath or blood test at the police station or a medical facility.
Consequences of Refusing a Breathalyzer Test
Refusing a Breathalyzer test in Texas has specific legal consequences due to the state's implied consent laws. By driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DWI.
Refusing a Breathalyzer test typically results in:
- Automatic License Suspension: Refusal can lead to an automatic suspension of your driver's license, usually for 180 days for a first offense. Subsequent refusals or prior DWI-related incidents can result in longer suspension periods, up to two years.
- Use in Court: Your refusal can be used as evidence against you in court, potentially strengthening the prosecution's case.
Administrative License Suspension and the ALR Hearing in Texas
When police arrest you for a DWI in Texas, you face not only criminal charges but also the potential for an administrative license suspension. This suspension is separate from any penalties imposed by the criminal court and is part of the Administrative License Revocation (ALR) process.
The ALR process is a civil administrative procedure managed by the Texas Department of Public Safety (DPS). It deals specifically with the suspension or revocation of your driver's license following a DWI arrest.
The ALR process is triggered in two main scenarios:
- Failing a Breathalyzer or Blood Test: If you submit to a Breathalyzer or blood test and your BAC is 0.08% or higher, your license is subject to suspension.
- Refusing to Take a Breathalyzer or Blood Test: If you refuse to take a Breathalyzer or blood test, Texas can suspend your license under its implied consent laws.
The ALR Hearing
After being notified of the pending suspension, you have a limited time—15 days from the date of your arrest—to request an ALR hearing. This hearing is your opportunity to contest the suspension of your driver's license. The state will suspend your license automatically if you do not request a hearing within this timeframe.
How a Lawyer Can Help You in the ALR Hearing
Hire an experienced DWI attorney to represent you during the ALR process.
Here’s how a lawyer can assist you through this challenging process:
- Requesting the Hearing: Your lawyer can submit the request for an ALR hearing within the 15-day deadline, safeguarding your right to contest the suspension.
- Gathering Evidence: A skilled lawyer will gather and review all the evidence related to your case, including the arresting officer’s report, test results, and any video footage. This evidence is critical in building a strong defense.
- Challenging the Suspension: During the ALR hearing, your lawyer can challenge the grounds for the suspension. This may involve questioning the legality of the traffic stop, the accuracy and calibration of the Breathalyzer or blood test equipment, and whether proper procedures were followed by law enforcement.
- Cross-Examining Witnesses: Your lawyer can cross-examine the arresting officer and any other witnesses to identify inconsistencies or procedural errors that could support your case.
- Presenting a Defense: Your lawyer will present a defense tailored to the specifics of your case, aiming to demonstrate that the evidence against you is insufficient or flawed.
Potential Outcomes of the ALR Hearing
The ALR hearing can result in different outcomes:
- License Suspension Upheld: If the suspension is upheld, your lawyer can advise you on the next steps, including applying for an Occupational Driver’s License (ODL), which allows you to drive for essential purposes such as work or school.
- License Suspension Overturned: Successfully challenging the suspension can prevent you from losing your driving privileges, allowing you to continue driving while your criminal DWI case is pending.
Having a lawyer represent you in the ALR hearing is crucial. The administrative hearing is a formal legal process with high stakes. A successful defense at the ALR hearing can prevent an automatic suspension and help preserve your ability to drive, which is vital for maintaining employment, family responsibilities, and other daily activities.
What if I am Arrested for DWI at a Traffic Stop in Bryan, Texas?
If you are arrested for DWI in Bryan, Texas, you will be taken to a local jail where you will be booked. This process involves taking your fingerprints, photographing you, and recording personal information.
If you post bail the state will release you from custody until your court date. The amount of bail can vary based on factors such as the severity of the offense and your criminal history.
Next, you will need to appear in court for your arraignment, where you will be formally charged and asked to enter a plea. Subsequent court dates will be scheduled for hearings and the trial, if necessary.
Contact the Law Office of Shane Phelps for Help with DWI Charges
If you or a loved one faces an ALR hearing or DWI charge in Bryan, Texas, the Law Office of Shane Phelps is here to help. Our experienced attorneys understand the complexities of DWI laws and will work diligently to protect your rights and achieve the best possible outcome for your case.
Contact us today for a consultation and take the first step toward resolving your DWI charge. Call Shane Phelps Law at (979) 775-4100 or contact us online for your free consultation with a Bryan criminal defense attorney.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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