Do The Police Usually Take And Confiscate Your Driver’s License When You Are Arrested And Charged With DWI?
The short answer is YES. In the State of Texas, when a police officer pulls you over and stops your car the police officer will ask for your driver’s license and insurance. From the police officer’s training, he watches you obtain and hand over your driver’s license and insurance. If you fumble for your driver’s license and look nervous, then the police officer normally considers your actions and behaviors as a sign of intoxication. Fumbling in your wallet or your purse for your driver’s license is an indication of impairment and acts to further the police officer’s investigation to determine if you are intoxicated.
The police officer will then ask you to step out of your vehicle and come to a place where the police officer can further his investigation of you. This is usually the stage where the police officer asks you if you have been drinking. Realize that you are likely being recorded on both audio and video. The police officer will then ask you to preform field sobriety tests at his direction and instruction. You have the right to refuse to perform the field sobriety tests but realize you will be arrested if the police officer thinks you are impaired. If you choose to perform the field sobriety tests and the police officer thinks you show signs of intoxication he will arrest you for driving while intoxicated. The police officer will then keep your driver’s license and forward it to the Texas Department of Public Safety (DPS).
During the arrest process, the police officer will give you a Notice of Temporary Suspension and a Temporary Driving Permit. These forms advise you that your driver’s license will be suspended in 40 days from the date of your arrest. The form also advises that you have 15 days from the date of your arrest to file notice with DPS that you wish to have a hearing to contest the suspension of your driver’s license. This hearing is called an Administrative License Revocation Hearing (ALR Hearing). Since the police officer confiscated your driver’s license, the Temporary Driving Permit acts as your driver’s license and you need to carry it with you always.
If your attorney does not send notice requesting an ALR Hearing to DPS within fifteen days of your arrest, then your license will be suspended in forty days from your arrest. Therefore, the 15-day period from your arrest for DWI is extremely critical.
Should You Hire An Attorney With 15 Days Of Your Arrest For DWI?
Yes, you should hire an attorney within 15 days of being arrested for DWI. Do not wait for your first court date. Hire an experienced attorney to represent you and file the correct notice of hearing with DPS before 15 days have elapsed from your arrest for DWI. If you miss the 15-day notice period, then your license will be automatically suspended.
To find out What Happens to Your Driver’s License in A DWI Case, call the law office of James Alston for a FREE Consultation at (713) 228-1400 and get the information and legal answers you’re seeking.
Get your questions answered - call me for your free telephone consultation at (713) 228-1400