If you are like most drivers, driving makes you feel free and independent. What most drivers seem to forget is that driving is a privilege. Therefore, they feel disoriented if their driver’s license gets suspended after they’ve been arrested for DUI.
Every state has a law requiring the Department of Motor Vehicles (DMV) to suspend the driver’s license of anyone operating a vehicle who:
This law was implemented in 1990 as a way to deter drunk driving. If you are arrested for driving under the influence, and your breath test result shows a BAC of more than .08%, the police officer with give you an Order of Suspension/Revocation. Along with this order, you will be given a temporary driver’s license which is valid for a month. At the end of the month, the suspension action will be in effect. Keep in mind that the temporary driver’s license will not allow you to operate your vehicle if there is another court-imposed driver’s license action in effect.
There is a 10-day window where you can freely challenge the driver’s license revocation or suspension. You can request a hearing to show that the suspension/revocation is not justified. You need to submit a review at the Department of Highway Safety and Motor Vehicles (DHSMV). Here’s what you need to remember:
If you or your attorney, who is familiar with DWI license issues in Houston, fails to challenge the revocation or suspension of your driver’s license within 10 days, the six-month suspension will be in effect and you will lose your right to challenge it.
If you are unsuccessful at the hearing, and if you took a breath or blood test with a BAC result of 0.08% or more, your driving privilege will be revoked.
The court-ordered DUI probation bans an individual who was previously convicted of DUI from operating his vehicle with any amount of alcohol in his blood.
Michael Busby Jr.
Visit me on the web at www.busby-lee.com