When a person is arrested for a DWI in Lubbock, there are two separate cases that ensue. There is a criminal case regarding the DWI, and then there is a civil case dealing with the driver’s license. This is administered under the ALR or Administrative License Revocation Act. Once the person is arrested, the client will be read a statutory warning. This usually occurs when the officer is going to request a blood or breath test.
To understand how the statutory requirements may be relevant in your Lubbock DUI case, contact an experienced DUI attorney in Lubbock immediately.
Whether an individual is read a statutory warning is up to the officer. The officer gets to choose whether or not to administer this motion. However, once the officer makes an arrest decision in the Lubbock DUI case, they must read the person their statutory warning. This starts by saying that the individual is under arrest for an offense arising under chapter 49 of the Penal Code, or Chapter 106 of the Texas Alcohol and Beverage Code.
The warning goes on to lay out that the person arrested is going to be requested to give a breath or blood sample. It also states the consequences for if a person gives a sample, and what the consequences are if they do not. If the officer certifies that they provided the person with that warning both orally and in writing, one of the things an attorney must explore with their client is whether or not they remember the officer reading them this document. It is also important that an individual was given a copy to follow.
If an officer has made this mistake, then an attorney can raise that issue. Failing to properly administer the person’s statutory requirement in a Lubbock DUI case may dictate how the person’s license is treated.
After the officer reads the individual their statutory requirements as it pertains to their Lubbock DUI case, the officer is going to ask for a sample of their breath or blood. The treatment the person’s driver’s license receives depends on how they respond to these tests.
If the client is over 21, is requested to give a sample of their breath or blood and refuses, or gives a breath sample at the station that results in a BAC of over 0.08, then the officer is going to confiscate the client’s Texas driver’s license. They will then give them notice of suspension. The person may receive a temporary driver’s permit.
If an adult refuses to give a breath sample, or submits and is over the legal limit, law enforcement is going to confiscate the person’s license. They will then give the individual a temporary driver permit. This temporary permit is good for 40 days. On the 41st day, depending on how many charges the individual is facing, the suspension may extend for a certain period of time.
If an individual refused to give a specimen, law enforcement can also confiscate their license. This would lead to a six-month or 180-day suspension. If an individual gave a breath same and was over 0.08, and they were not driving a commercial vehicle, then the suspension time would be for 90 days. Those suspensions are enhanced if this is a second charge.
If an individual already has a driver’s license suspension administratively in the last 10 years and they refused to give a test, they may face a two-year suspension. If they give a sample and it is over the legal limit, there will be a one-year suspension. On those suspension times, the individual might be able to get an occupational license, but they may have a hard suspension for a period of time. They are then going to have to wait, and that is a temporary permit.
Texas does not have the ability to suspend an out-of-state driver’s license, however, the police can often make mistakes with regard to this. The client should be given a notice of suspension and a temporary driver’s permit, but the agency cannot take a person’s out of state license.
If an individual has a Texas license, it would be confiscated. They will receive a notice of suspension and temporary permit. Whatever legal right to drive the client had before they got arrested for a DWI will remain temporary. If the person had a regular driver’s license, they can drive on this notice of suspension temporary driver’s permit.