By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Texas DWI’s have two sides. There is a criminal side and the administrative side (i.e., the driver’s license suspension.) Today I’m only discussing the administrative driver’s license suspension side.
Texas has an “implied consent” law. This means when you got your driver’s license, you implied to the Department of Public Safety (“DPS”) that if an officer ever offered you a breath-test, you would comply. If you fail to comply – or you do comply and blow over 0.08 – then your driver’s license can be suspended.
What the DPS media blitz omits is that this isn’t automatic. You have 15 days from the date of arrest to submit an appeal. The instructions are on the sheet of paper they should have given you when they confiscated your driver’s license.
You are appealing the officer’s decision to ask you to…
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