Subject: RE: Administrative License Revocation
Date: Tue, 25 Jan 2011 17:33:46 -0600
From: Vinger, Tom
To: Gardner Selby <wgselby@statesman.com>


Administrative License Revocation I can confirm this was information provided by DPS in response to a legislative request. 

 

DWI arrest numbers represent the potential number of people who may have had their license confiscated at some point during a given year.   An individual who has had their license confiscated due to a DWI arrest is still eligible to receive a Texas-issued identification card with a photograph.

 

 4:17 p.m., Jan. 25, 2011:

The ALR law took effect January 1, 1995. ALR is a civil, administrative process unrelated to criminal court proceedings. Its goal is to get drunk drivers off the road by revoking their driver licenses.

How ALR Works:

        A law enforcement officer determines that there is reasonable suspicion to stop a driver and probable cause to arrest the motorist for drunk driving.

        If the officer has reason to believe that the driver is impaired, a set of field sobriety tests is administered. If the driver performs poorly, the driver is arrested for DWI.

        Once at a police station or sheriff’s office, the driver is asked to take a chemical test to measure his blood alcohol concentration (BAC) level. This is usually a breath test.

        The officer serves the offender with a notice that his driver license will be suspended if he or she refuses to take the test or fails it (registering a .08 BAC or greater).

        The officer confiscates the Texas driver license and issues a temporary driving permit.

        The offender has 15 days from the date that the suspension notice is received to request a hearing. If no hearing is requested, then the suspension  goes into effect on the 40th day after notice was served (usually 40 days after arrest).

        The driver pays a $125 fee to reinstate the license after a period of suspension.

        The  ALR process  also applies to individuals arrested for boating while intoxicated (BWI) who refuse to take a chemical test or fail it (registering a .08 BAC or greater).

Suspension Lengths:

        The offender’s license is suspended for failing the BAC test for:

        1) 90 days, if a first offender;

        2) One year, if previously suspended for failing or refusing the test or previously suspended for DWI, intoxication assault or intoxication manslaughter conviction.

        The offender’s license is suspended for refusing the BAC test for:

        1) 180 days, if a first offender;

        2) Two years, if previously suspended for failing or refusing the test or previously suspended for DWI, or intoxication assault or intoxication manslaughter conviction.

        If the offender is a minor who has a detectable amount of alcohol in their system and was not requested to provided a chemical test registering a .02 BAC or greater, the license is suspended for :

       1) 60 days, if a first offender;

       2) 120 days, if previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the      operation of a motor vehicle; or

       3)180 days, if previously convicted twice or more of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle.

Results:

       

In 2008, 112,250 licenses were suspended under the ALR process.

Tom Vinger
Assistant Chief of Media Relations