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DRIVING WHILE INTOXICATED

DRIVING WHILE INTOXICATED

Administrative License Suspension Hearing

If you have been pulled over on suspicion of driving while intoxicated (DWI) or for driving while under the influence (DUI) of alcohol or drugs in Georgetown, you can face an automatic driver’s license suspension even if you are not subsequently charged with or convicted of a DWI offense.

This automatic license suspension, known as the administrative license suspension, can occur if an individual who is suspected of DWI refuses to submit to a chemical DWI test or submits to the chemical test but fails it.

If you have received an administrative license suspension in Georgetown, you are entitled to request a hearing within 15 days of receiving notice of the suspension. This time is very short, so it is important to contact an experienced DWI defense attorney to represent you at your administrative license suspension hearing.

Georgetown Administrative License Suspension Hearing Lawyer

If your license has been suspended for refusing to submit to chemical testing or for failing an intoxication test in Georgetown, or any of the surrounding areas in Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact Law Office of Michael J. Price P.C.

Attorney Michael J. Price is an aggressive driving while intoxicated attorney who will represent you at your administrative license suspension hearing and make every effort to have your license reinstated. Call for a free consultation at (512) 354-1880 about your administrative license suspension or revocation for DWI.


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Georgetown Administrative License Suspension Laws

This administrative license suspension is a civil penalty and is not associated with the criminal penalties if an individual is subsequently convicted of a DWI offense. This type of license suspension is separate from any criminal DWI proceedings and can occur even if an individual is not later charged with a driving while intoxicated offense.

If an individual refuses to submit to a chemical breath or blood alcohol test to test for blood or breath alcohol concentration levels (BAC or AC), they may receive the following periods of suspension under Tex. Transp. Code Ann. § 724.035:

  • 180 days suspension upon a first chemical test refusal;
  • Two years suspension if the individual has previously refused to submit to a chemical alcohol test, been convicted of a DWI offense, or failed a BAC chemical test within the preceding ten years; and
  • One year disqualification from commercial driving privileges if the alleged offender possesses a commercial driver’s license (CDL).

If an individual submits to a chemical blood or breath test, they can receive a license suspension for having an alcohol concentration level of .08 or higher, .04 or higher if the individual is operating a commercial vehicle, or any alcohol in their system if they are under the age of 21.

Even if the individual is not later charged with a DWI offense, they can still receive an administrative license suspension for failing to pass an intoxication test for the following periods under Tex. Transp. Code Ann. § 524.022:

  • 90 days suspension for a first failure;
  • One year suspension if the individual has previously refused to submit to chemical testing, been convicted of a DWI offense, or failed an intoxication test with a BAC over the legal limit within the preceding ten years;
  • One year disqualification from commercial driving privileges if the alleged offender possesses a commercial driver’s license and fails the intoxication test with a BAC of .04;
  • One year suspension for an individual who possesses a commercial driver’s licenses, but is operating any motor vehicle at the time of the offense with a BAC of .08;
  • Three years suspension if the commercial driver was transporting hazardous material;
  • 60 days suspension if the alleged offender is under the age of 21 and has any detectable amount of alcohol in their system;
  • 120 days suspension if the alleged offender is under the age of 21 and has any detectable amount of alcohol in their system and has any previous alcohol-related convictions; and
  • 180 days suspension if the alleged offender is under the age of 21 and has any detectable amount of alcohol in their system and has two or more alcohol-related convictions.

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Administrative Drivers License Suspension Hearing 

If you have refused a chemical test, your license will be suspended. Fortunately, you have the right to contest the administrative suspension of your license during an administrative hearing (not criminal). At the hearing, your attorney will defend you on the following issues:

  • If probable cause or reasonable suspicion, in fact, existed to stop your vehicle or otherwise detain you during the investigation;
  • Whether probable cause existed to make the law enforcement officer believe you operated a motor vehicle in a public place while under the influence;
  • Whether the arresting officer properly requested to submit to chemical testing after being arrested for DWI; and;
  • Whether you actually refused the chemical test of your breath or blood upon a proper request of the officer.

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Georgetown Administrative License Revocation Hearing

An individual who has received an administrative license suspension or revocation can request a hearing from the Department of Public Safety headquarters. This hearing is commonly known as the administrative license revocation hearing, ALR hearing or administrative license suspension hearing. The request for the hearing must be made in writing and must be submitted within 15 days, according to Tex. Transp. Code Ann. § 724.041.

If the request is submitted within this 15 day time period, the State Office of Administrative Hearings is required to hold the hearing before an administrative law judge before the effective date of the suspension, which is generally 40 days after the alleged offender receives notice of the suspension, but not before the 11th day after the person receives notice.

The alleged offender’s license suspension is suspended until a final decision has been made by the administrative law judge at the hearing. Once the administrative law judge issues and signs the decision as to the suspension, it is final.


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ALR Hearing Issues in Georgetown

Under Tex. Transp. Code Ann. § 724.042, the administrative law judge will determine the following issues at the administrative license suspension hearing if the alleged offender refused to submit to chemical testing:

  • Whether the law enforcement officer had reasonable suspicion or probable cause to stop or arrest the individual;
  • Whether the law enforcement officer had probable cause to believe the individual was operating a motor vehicle or watercraft in a public place while intoxicated;
  • Whether the law enforcement officer placed the individual under arrest and requested they submit to a chemical alcohol concentration test; and
  • Whether the individual refused to submit to the chemical test.

According to Tex. Transp. Code Ann. § 524.035, the administrative law judge will determine the following issues at the administrative license suspension hearing if the alleged offender failed to pass an intoxication test:

  • Whether the individual had an alcohol concentration over the legal limit while operating a watercraft or a motor vehicle in a public place;
  • If the individual who was under the age of 21, whether they had any detectable amount of alcohol in their system while operating a watercraft or a motor vehicle in a public place; and
  • Whether the law enforcement officer had reasonable suspicion to stop or probable cause to arrest the individual.

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Effect of a Georgetown Administrative License Suspension Hearing

According to Tex. Transp. Code Ann. §§ 724.043 and 524.035, the alleged offender’s license will remain suspended if the judge makes a final decision and determines each of the issues above were established for either refusing to submit to chemical testing or for failing to pass an intoxication test.

If the administrative law judge finds one of the elements above was not established, the individual’s license will be returned, their license will be reinstated, or any order denying issuance of the license will be revoked.


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Law Office of Michael J. Price P.C. | Round Rock Administrative License Hearing Attorney

Contact Law Office of Michael J. Price P.C. today for a consultation about your administrative license suspension hearing throughout Williamson County in Texas. Michael J. Price is an experienced Georgetown criminal defense lawyer who will make every effort to have your driver’s license reinstated after your administrative license suspension hearing.

Contact Law Office of Michael J. Price P.C. at (512) 354-1880 for a consultation about your ALR hearing throughout Williamson County and Bell County in Texas.