By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Yes. Here is a link to the State’s DIC-25 warning which you should have been given prior to having taken or refused the breath test.
Even though your physical drivers license was probably taken by the officer if you refused the test or blew over 0.08, this warning states in bold letters your license isn’t actually suspended for 40 days. The document itself actually serves as your temporary driving permit for the 40 days.
Additionally, your license isn’t even automatically suspended after the 40 days if you appeal the suspension. In that case, your license wouldn’t be suspended until after the administrative judge rules on your appeal (and even then — only your appeal is denied).
If you voluntarily submit to a blood specimen, that specimen obviously needs to be analyzed. It’s typically shipped to a Department of Public Safety Lab where there is a wait to have it analyzed. In those cases where the blood comes back over 0.08, DPS should send you a notice giving you 20 days to appeal the suspension. But even then, the suspension is not immediate upon the arrest.
It’s a common mis-impression that you’re not even allowed to drive the very next day after an arrest which law enforcement is happy not to clear-up. This is part of the pressure tactic to attempt to persuade people to submit to breath or blood tests.
*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice about any matter you should consult an attorney directly. Contacting the author through this forum does not create an attorney-client relationship. Communications through this forum are not confidential nor privileged.
It’s a common mis-impression