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Dallas, TX  75248

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With a 91% success rate on cases announced for trial since 2002, our attorneys are prepared to fight hard in your name.

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Administrative License Revocation

When someone is pulled over on suspicion of drinking and driving, driving while intoxicated (DWI) or driving under the influence of alcohol or drugs (DUI), their license can be suspended even if they are not charged with a DWI or subsequently convicted of a DWI related offense.

A person can receive an administrative license suspension or civil penalty license suspension for DWI if they refuse to submit to chemical testing, or if they do submit to testing, but blow over a certain alcohol concentration level.

It is important to note that these type of license suspensions before being charged or convicted of a DWI related offense can be disputed at an administrative license revocation hearing. Therefore, it is important to hire a DWI attorney in Dallas who will help you fight your license suspension.

Dallas Administrative License Revocation Lawyer

If you were not charged with or convicted of a DWI, but your driver’s license was suspended in Dallas, or any of the surrounding areas in Texas, including Garland, Grand Prairie, Irving, Denton, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.

Attorney Richard McConathy will help you fight your administrative license suspension and make every effort to have your license reinstated. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your alleged DWI related license suspension.


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Required Disclosures from an Texas Officer Before Testing

According to Tex. Transp. Code Ann. § 724.015, once a Texas law enforcement officer has pulled someone over for suspected DWI, they are required to inform the individual before they request a blood or breath sample for alcohol concentration testing of the following:

  • Evidence of a refusal can be used at trial if the individual is charged with DWI;
  • A refusal will result in automatic driver’s license suspension, regardless if the individual is subsequently charged with a DWI offense;
  • An individual over the age of 21who submits to testing and has an alcohol concentration level of .08 or higher will automatically receive a license suspension for at least 90 days, regardless of they are subsequently prosecuted for a DWI offense;
  • An individual under the age of 21 who submits or refuses testing and has any detectable amount of alcohol in their system will receive an automatic suspension for at least 60 days;
  • An individual who receives a license suspension is permitted to a hearing within 15 days of receiving notice of the suspension.

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License Revocation for Alcohol Testing Refusal

Even if an individual is not subsequently charged with a DWI or convicted of a DWI, if they refuse to submit to chemical testing of alcohol concentration in the blood or breath, their license will automatically be suspended for a period of 180 days for a first refusal. Under Tex. Transp. Code Ann. § 724.035, if the individual has done any of the following within the preceding ten years, their license will automatically be suspended for two years:

  • Refused to submit to testing,
  • Was convicted of a DWI-related offense, or
  • Was tested for having a blood or breath alcohol concentration (BAC) level over the legal limit after an arrest.

An individual who is under the age of 21 and refuses to submit to chemical testing of the blood or breath is subject to the same penalties as a person over the age of 21 who refused to submit to testing. However, if the person under the age of 21 agreed to submit to alcohol testing and had an alcohol concentration level under the legal limit of .08, they may receive less severe criminal penalties upon a DWI conviction.

According to Tex. Transp. Code § 522.081, if an individual possesses a criminal driver’s license (CDL) and they refuse to submit to chemical testing of the blood or breath, they will automatically be disqualified from driving a commercial vehicle for one year. They will also not be permitted to drive their commercial vehicle for the immediate 24 hours after a refusal under Tex. Transp. Code § 522.101.

An administrative license suspension becomes effective 40 days after the individual has received notice of the suspension.

Anyone who receives an administrative license suspension is permitted a hearing by the State Office of Administrative Hearings under the Tex. Transp. Code Ann. § 724.041. The request for a hearing must be made in writing within 15 days of receiving notice of the licenses suspension.

Until a decision is made at the hearing, the individual’s license suspension is put on hold.


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License Suspension for Failure to Pass Intoxication Test in Dallas

When an individual is pulled over by a law enforcement officer for suspicion of drinking and driving and they submit to a chemical test of the blood or breath, their license can automatically be suspended for failing to pass the intoxication test, even if they are not subsequently charged or convicted of a DWI offense.

An individual who complies with breath or blood alcohol concentration (BAC) testing and has an alcohol concentration level of .08 or higher, their license will automatically be suspended for 90 days, even if they are not prosecuted or convicted of a DWI related offense.

According to Tex. Transp. Code Ann. § 524.022, an individual’s license will automatically be suspended for one year if, within the preceding ten years, any of the following apply:

  • They refused to submit to testing,
  • They were convicted of a DWI-related offense, or
  • They tested for having a blood or breath alcohol concentration (BAC) level over the legal limit after an arrest.

A person who holds a commercial driver’s license and submits to chemical testing who has the following alcohol concentration levels will automatically be disqualified from commercial driving privileges for one year, even if they were not prosecuted for or convicted of a DWI:

  • Alcohol concentration of .04 or higher while driving a commercial motor vehicle, or
  • Alcohol concentration of .08 or higher while operating another motor vehicle.

If the offense involved transporting hazardous material, the disqualification period increases to three years.

A person who is under the age of 21 and agrees to chemical testing of alcohol concentration in the blood or breath can also receive an automatic driver’s license suspension under Tex. Transp. Code Ann. § 524.022, even if they are not subsequently prosecuted for or convicted of a DWI-related offense.

If the person under 21 has any detectable amount of alcohol in their system, their license will automatically be suspended for at least 60 days. The suspension period is 120 days if they have previously been convicted of any alcohol related offense. If they have previously been convicted of a DWI offense, their license will be suspended for 120 days. If they have been convicted of two or more alcohol-related offenses, their license will automatically be suspended for 180 days.


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Law Offices of Richard C. McConathy | Fort Worth DWI ALR Attorney

Contact Law Offices of Richard C. McConathy today for a consultation about your DWI offense-related license revocation throughout Dallas County in Texas. Richard McConathy is an experienced attorney in Dallas for DWI charges who will help you get your license back after it has been suspended.

Contact Law Offices of Richard C. McConathy right now at (972) 233-5700 for a consultation about your alcohol or drug related license suspension throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County, and Tarrant County.


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