Law Office of Robert L Keates Criminal Defense FAQ

Is my Texas Driver's License suspended after a DWI or DUI? (License Suspension DWI/DWI)

Texas Law provides for a drivers license to be suspended when arrested for a DWI. If the case is dismissed or you are aquitted after trial, the license will be reinstated, but during the pending DWI case, an individual's drivers license will be suspended.

At a DWI stop, once the officer has decided there is probable cause to make an arrest for DWI, he or she will generally will hand to the accused a notice of termination and temporary driver's license. After being arrested on a DWI/DUI, the temporary license is valid only for a short period of time, after which you may be arrested on new charges if you drive without a valid Texas License.

The notice of DWI, even in the arrest or arraignment stages, will be sent to the DWI and processed through their databases, with the information of your license suspension making its way into the courts and law enforcement systems.

The Department of Motor Vehicles will institute a DMV hearing on your driver's license status within 10 days of the notice. The hearing is not a criminal proceeding, but rather is Administrative, meaning there are fewer rights an accused has within the context of the hearing. Procedurally, the hearing is quite different from a trial, requiring less than the 'beyond a reasonable doubt' standard in order to suspend your license.

There is no requirement that you be present at the DMV hearing, therefore, the hearing may proceed in your absence. Without you or an attorney at the hearing to defend your rights and present the full story, the administrative DMV panel will typically suspend the license. Because the hearing is a mere ten days after arrest, it is imperative that you contact an attorney as soon as you can after being arrested. Often times, an attorney can appear at the DMV hearing and possibly save your driver's license.

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