Blood Test and Contesting Your Drivers’ License in Texas

Stephen H.: Hello, I’m Stephen Hamilton, board certified in criminal defense in Lubbock, Texas and the South Plains. Today’s video tip is blood test and contesting your driver’s license. If you’ve been arrested or someone you love has been arrested for a DWI, the very first thing that’s critical is what we call the driver’s license hearing. Now typically, we have 15 days from the day you were arrested to request the hearing. And that’s if we either gave a breath sample and we were above the legal limit, or refused to give a breath sample.

Stephen H.: But what happens if the officer requested and you gave a blood sample instead of a breath sample? All right, if that’s the case, then the timeframes are a little bit different. Right now in Texas, and let me say this, March the 25th, 2011, these are the timeframes. Our legislature meets, they can change these timeframes, so it’s important that you call me if you have a pending DWI and a driver’s license issue, so I can tell you if there’s been any changes in the timeframes.

Stephen H.: But right now the law says that if they take your blood, they should not confiscate your Texas driver’s license. Now, a lot of times, I see officers make that mistake and so they take your driver’s license and they give you a temporary permit. It’s absolutely critical that you call me as soon as you can because we need to notify the police department, and try to get your physical driver’s license back before they send it off to the Department of Public Safety or they destroy it. Basically, what happens is you’re waiting for those blood tests results. The blood is sent to the Department of Public Safety lab and the lab is going to run the blood.

Stephen H.: Now, if the results come back over a 0.08 blood alcohol concentration, then the Department of Public Safety is going to send you a letter and here’s what’s critical, at your last known address. So whatever was on your driver’s license, they’re going to send you a letter saying you have 20 days to request a hearing, and if you don’t do it within those 20 days, then your driver’s license is going to go into an automatic suspension. If your driver’s license address is not where you live, again, call me, come in and see me, because we can request the hearing ahead of time and give them the right address. They don’t have to prove that it got to your right address. All they got to do is send it to the address that was on your driver’s license. If you’ve moved or if you’re going to school and you don’t have the right address, then at that point in time, you’re not going to get notice, and that’s why you need to call me.

Stephen H.: That’s it for today’s video tip. My phone number is 806 794-0394. This is what I do. If you have a blood test case in Lubbock, Texas or the South Plains, call me. We can help. Thanks for watching.

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