If you have questions regarding license treatment after a Midland first-offense DUI, do not hesitate to reach out to a professional defense attorney to learn more. License suspension could lead to many difficulties in commuting to and from the workplace, especially if you need to drive on the job. Read on to learn more about what goes into the treatment of a license after a Midland first-offense DUI, as well as the ways a skilled defense lawyer could help.
Circumstances Leading to License Suspension
There are two separate cases when someone in Texas is arrested for a DUI or a driving under the influence charge as a minor. This is a criminal case called an administrative license revocation (ALR). When the driver is arrested, they are read the statutory warning that explains how they are under arrest for an offense arising out of the DUI statute, or when they are a minor, the detectable amount of alcohol statute. After reading the entire statutory warning to them, the officer can request a sample of the individual’s breath or blood. If the individual refuses, it does not matter if they go on to get a search warrant. The officer has the ability to confiscate their Texas driver’s license and give them a notice of suspension as well as a temporary driver’s permit.
When Blood Alcohol Content is Above the Legal Limit
If the driver consents to an evidentiary breath test on the Intoxilyzer 9000 and they blow a BAC of .08 or above, the officer will confiscate their physical driver’s license and give them the notice of suspension the temporary driver’s permit as well. The permit is good for 40 days. On the 41st day, that license goes into an automatic suspension for 180 days for a first time refusal or 90 days if it was the first time their breath test was taken. Individuals should reach out to a skilled defense attorney to learn more about the treatment of their license following a Midland first-offense DUI.
Requesting a Hearing
Within the notice of suspension, it says at the bottom in fine print that the driver has 15 days from the date of their arrest to request a hearing on their driver’s license. It is of utmost importance that the individual consults with a lawyer as soon as possible. If they are eligible, their attorney requests a driver’s license hearing within the first 15 days and there is no automatic 40-day suspension. Then they can keep driving on their driver’s license until the hearing on the driver’s license.
Benefits of Consenting to a Sobriety Test
In addition, when someone gives consent to a blood test at the time of the arrest, their license will not be taken or should not be taken by the Midland Police Department or Texas Department of Public Safety at that time. The result of their blood test is several weeks or even months away from completion. The individual can then drive on their regular driver’s license, and if the results come back above the legal limit of 0.08, the DPS sends the driver a letter to the address on their driver’s license. That individual has 20 days to request a hearing. Once a hearing is requested, their license cannot be suspended until at least the time of that hearing which can be several months away.
License Treatment After a Midland First-Offense DUI Conviction
There are two separate cases in a Midland DUI charge, and it is important to know that they are run by two separate departments. There is the criminal charge by the county or the district attorney and the administrative action done by DPS. In other words, someone can lose their driver’s license administratively and the court can reduce the DUI penalties but it does not get the driver’s license back. On the other hand, someone could win their driver’s license hearing and still lose the DUI case. The only time the results can be different is if the case goes to trial and the driver is found not guilty. Then, if their driver’s license was suspended administratively, it is returned to them.
If you need legal assistance regarding your license treatment after a Midland first-offense DUI, reach out to a dedicated defense attorney today to gain an aggressive advocate on your behalf.