I am a experienced DWI attorney serving clients in Rockwall, Kaufman, Hunt, Collin & Dallas Counties. I am often asked, “If I refused to take the DWI Test is my drivers license suspended?”
If you refuse to take a test when stopped for a DWI, the officer will serve you a notice of suspension. The clock starts running at that moment and you must schedule an ALR hearing within 15 days or the Texas Department of Public Safety will suspend your driving privileges.
When you are arrested for DWI, if you refuse to take a breath or blood test OR provide a breath sample that is reported as .08 or greater, the officer will take your driver’s license and give you a piece of paper that is called a Notice of Suspension. You have 15 days from the date you receive this Notice to contact the Department of Public Safety and request a hearing to challenge your administrative license revocation. Failure to request a hearing will result in your license suspension going into effect 40 days after you received the notice of suspension (usually 40 days after your DWI arrest).
If you consent to a blood draw, Notice of Suspension will be mailed to you by DPS if the test result is .08 or greater. You only have 10 days to request a hearing when you receive the Notice in the mail.
Jack Robinson can schedule your ALR hearing for you and represent you at your hearing in order to help you reach a positive outcome. Protecting your driving privileges is extremely important to our firm, and we will use our extensive knowledge and experience to fight for your driver’s license.
The Texas Department of Public Safety (DPS) must prove at your ALR hearing that the police officer had a legal reason to come in contact with you, had probable cause to arrest you for DWI and you failed or refused chemical testing. If you are accused of failing the test, DPS must also prove that you had a breath or blood alcohol concentration of .08% or greater. If you are accused of refusing chemical testing (a breath test or blood test) DPS must prove that the officer had probable cause to make a DWI arrest, that you were driving a vehicle in a public place and that you actually refused.
So the answer to the question, “If I refused to take the DWI Test is my drivers license suspended?” is if you do not take fast action, it will be suspended.
I am a experienced DWI attorney serving clients in Rockwall, Kaufman, Hunt, Collin & Dallas Counties. If you have questions, concerns or been charged with a DWI, call me today. There is no charge for the initial consultation.
We protect Texans and their rights. One Texan at a time. You can count on us!