Wade Russell

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Wade Russell

Address:
404 W. 13th St. Austin,
Texas 78701

Phone:512-478-8001

1.If you have been arrested for DWI/DUI, there are two legal proceedings that have been put in motion: 1) the court case against you for the offense of DWI/DUI, and 2) the administrative action to suspend your license for either taking and failing, or refusing the breath test or blood test.

2.You have only 15 days from the date of arrest to notify the Texas Department of Public Safety that you want to contest the suspension of your driver’s license.

3.If you do not contest the suspension of your license, it will be automatically suspended 40 days after the date of your arrest. If you do notify DPS that you want to contest the suspension of your license, the suspension will be put on hold until your hearing in front of an administrative law judge.
4.Your lawyer will notify DPS if you want a hearing on the suspension of your license. Your lawyer should also subpoena the officer who arrested you to appear at the hearing. If the officer fails to appear at your hearing without good reason, you should win the hearing and get to keep your license. If the officer appears and testifies, you have only a slight chance of winning the hearing. For a first DWI, if you lose the hearing, your license will be suspended that day for 90 days if you took the breath/blood test and failed it, or 180 days if you refused to take the test. Second and subsequent arrests for DWI have longer suspension periods.