Although the arresting officer is required to take your driver’s license card this doesn’t mean that you have lost the ability to drive your car. You still have the privilege to drive for forty days from the date the state gives you notice. Please don’t misunderstand the issue here There are many aspects of this situation that you should immediately discuss with a Fort Worth License Suspension Attorney.
License Revocation Attorney
First, if you refuse to a breath test then the DPS is authorized to suspend your privilege to drive for 180 days for first time offenders. Second, if you do take the breath test but fail it (you register over .08 of concentration) then the DPS is still authorized to suspend your driving privileges but only for 90-days. Remember, Texas is an implied consent State so agreeing to a breath test if asked when pulled over by an officer is expected from the citizen for the privilege. Therefore, if you refuse the breath test then the penalty is greater. The officer cannot force you to take the breath test, but they can force you to take a blood test.
Does this mean that you would recommend taking the breath test when asked? I wouldn’t jump to conclusions here; every situation is different so call me for counsel in this area.
Now, having said all of this, the DPS is authorized to suspend the accused driver’s licensed in -either scenario listed above. BUT, the suspension of your driver’s license or privilege to drive is not automatic unless you fail to contest the charge. If you do fail to contest the charge then the answer is yes, you will have your license suspended 40 days after the date of the notice date. This date is generally the same as the arrest date, but not in all cases.
This is why you should contact a Fort Worth DWI Attorney or risk license revocation. Certain actions need to be taken within 15 days or less from the date of the DWI Charge. You can request a hearing in front of the State Office of Administrative Hearings. Again, there are many details that we need to go over, and you need to have counsel that handles License Revocation Cases in Fort Worth, Texas.