Message

Client Letters

• Assualt And Domestic Violence
  • Can My Wife Or Husban Drop The Charges?
  • Consequences of Conviction
  • Protective Orders
• Sex Offenses
  • Police Investigations
  • Sex Crimes Against Children
  • Childrens Protective Services
  • Child Accusation
• DWI/DUI Drunk Driving
  • Administrative License Suspensions
  • Am I Going Back To Jail
  • Arrest and Field Tests
  • Avoiding a DWI
  • Breath Test In Texas
  • Breath Tests
  • Commercial License
  • DWI FAQ
  • DWI Defenses
  • Field Tests
  • Field Test Considerations
  • Juvenile DWI
  • License Suspensions
  • Traffic Stop Consideration
  • Texas Breath Testing
  • Repeat DWI/DUI Offenders
  • Occupational Licenses
  • Search and Seizure
  • Will I Lose My Drivers License?
  • Boating While Intoxicated
• Federal Crimes
  • Drug Conspiracy
  • Bank and Wire Fraud
  • Federal Procedures
• Criminal Procedures
• Drug Crimes
• Juvenile Offenses
• Probation and Parole Violations
• Search and Seizure
• Theft and Property Crimes
  • Embezzlement
  • Mortgage Fraud
  • Shoplifting
• Frequently Asked Questions

LICENSE SUSPENSIONS

There are numerous ways that an arrest for a DWI in Harris, Fort Bend or Montgomery County can affect a suspect's privilege to drive. Every two years, the Texas legislature enacts laws that further impact this privilege.

A suspect's driving privilege may be suspended if she refuses a breath test requested by an investigating officer. Also, unlike in the past, the privilege is subject to suspension if a suspect takes the breath test and registers over the legal limit. A non-probated conviction for an intoxication offense will result in further suspension. Repeat offenders will suffer suspension, even if their conviction is probated.

A peace officer is authorized to take a suspect's drivers license card during a driving while intoxicated arrest. However, this does not mean that the privilege to drive has been suspended. A suspect has the right to contest any suspension at an administrative hearing. The Texas Department of Safety cannot suspend unless it proves by a preponderance of the evidence that a peace officer had reasonable suspicion to stop the accused's vehicle, probable cause to believe that she had been intoxicated, and proof that all necessary warnings had been given prior to the breath test request.

A lawyer who attends these Administrative Hearings has the right to request discovery from the Department of Public Safety and subpoena witnesses if applicable. Further, an appeal may be taken in the County Courts in the event of suspension. For more information, please visit our website at www.dwi-houstoncriminallaw.com, or call us at Stradley, Chernof & Alford. We don't charge for consultation.

For more information visit our DWI section.

"You can talk to one of our lawyers for free."

Se Habla Español

The Houston, Texas criminal defense law firm of Stradley, Chernoff & Alford, represents people who have been accused of a state or federal crime anywhere in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire.

Houston County • Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris County