
- If you refuse to take a legally required breath or blood test
- 15 days after the arrest by failing to appeal to the Department of Motor Vehicles (DMV)
- As part of criminal sentencing once you have been found guilty of DWI
Why Can My License Be Revoked Prior to a DUI Conviction?
Under implied consent laws, when you get your driver’s license, you agree to be tested if you are arrested on the suspicion of driving while intoxicated. You do not legally have to consent to any testing requested by law enforcement prior to an arrest-so long as you are of legal drinking age and have no previous offenses. However, once you have been arrested, you must submit to a BAC test. Refusal to do so results in an automatic license suspension, lasting anywhere from 180 days to 2 years, depending on how many other times you have refused this test in the past. Even if you abide by law enforcement’s orders, you may still have your license suspended before going to court. If your BAC is over 0.08%, the legal limit to drive, a Notice of Suspension will be issued and the DMV will be notified. You have 15 days to challenge this suspension and request a hearing to fight this license suspension. If this is not completed, your license will be suspended 40 days after the DWI arrest. Remember, as part of the criminal sentencing for DWI, your license can be suspended. A first offense can carry as little as a 90-day license revocation while being convicted of a second DWI can carry up to 2 years without driving privileges. Depending on a number of factors, the court will make a judgment to determine what fits your case, which can be more or less time than you think is fair.If you have been arrested for DWI in Texas, you must act quickly. Contact The Law Offices of Deandra M. Grant to get started on your defense right away.