Can my driver’s license be suspended after a DWI arrest in Texas? Well, yes it can, but it may not. Here’s the mistake that a lot of people make. When the officer’s telling them that, “I might question about your breath, and if you refuse, then your license may be suspended for six months.”

Well, that’s what they do to try to coerce people into submitting to a breath or blood test, but this is kind of buried within the warning in there. It’s something that you’re not gonna hear or understand, especially under the circumstances, and the stress, and the nervousness because it is confusing.

But a person has a right to a hearing on whether or not their license will be suspended for allegedly refusing a breath or blood test in Texas. You can refuse that breath or blood test, and your license still may not be suspended if a hearing is demanded timely.

Now, usually, when a person is arrested for DWI and they refuse a breath or blood test, they get a notice of suspension. That notice of suspension states that their license is gonna be suspended, effective 40 days after the day of the arrest. It’s not suspended for 40 days, even if it ever is suspended. But, it also tells the person that they have a right to a hearing as long as that hearing is demanded within 15 days of the date of the arrest.

That hearing can often be won so that the license is not suspended. Even if the license is suspended, then it’s possible to get an occupational license issued to cover that period of suspension. So, you can still get to work on the essential things.

It’s best to refuse even though there may be a risk of suspension. Also, if you don’t refuse, you may get the suspension anyway if the test is over 0.08. If that happens, then your license can be suspended for failing the test. So, always refuse and then demand the hearing, and that hearing can possibly be won.

If that hearing is won, then you get your license back without having to go through the suspension period or pay the reinstatement fee. Also, it’s important to exercise that right to the hearing because, at that hearing, it’s possible to cross-examine the arresting officer at a time when that officer’s not been coached by the prosecutor. So, the officer can be pinned down on issues that may ultimately allow the case to be won, or the case to be thrown out, or evidence to be ruled inadmissible.

It’s important to refuse the test, to demand the hearing, to try to win that hearing and to use that hearing as a chance to cross-examine the arresting officer.

So, even though it’s possible for a person licensed to be suspended after a DWI arrest. It’s possible if they refuse or even if they consent and fail a test, it’s always best to refuse and then demand the hearing and try to win that hearing.

Summary

Your driver’s license can be suspended after a DWI arrest in Texas, especially if you refuse a breath or blood test. However, it’s crucial to know that you have the right to a hearing, and if demanded timely, you can avoid license suspension. It’s recommended to refuse the test, demand a hearing, and use this opportunity to cross-examine the arresting officer. 

How to avoid a UCW at the airport in Texas? There are more crimes and more people arrested at DFW Airport for possession of a weapon than at any other airport in the United States. There are a lot of people with guns in Texas, obviously. To avoid a UCW or unlawfully carrying a weapon charge at the airport, here are some good tips.

First off, leave the gun in the car. Secondly, before you get to the point at security where you put your bag on that conveyor belt, think about “What have I got in my bag? What did I pack? What did I forget about being in my bag?” If there’s a gun in your bag, turn around, go back to your car, and leave the gun in the car.

Now, once you put that bag on the conveyor belt and it starts advancing towards the X-ray machine – If you try to take it off at that point, TSA may get suspicious and not allow you to do that. They’ll be more suspicious, and they’ll have more reason to look at the bag and see what’s in it.

Here’s another good tip on avoiding a UCW at the airport. That is, Anytime you’ve got your gun in a bag that you travel with, put a brightly colored carabiner on the handle, like an orange carabiner on the handle. Anytime that carabiner is on the handle, that indicates you have a gun in the bag. You take the gun out, you take the carabiner off.

That way, you’ll always have this kind of ribbon tied around your finger that reminds you when there’s a gun in your bag. This is a secret that the TSA likes for people to do if they ever have been arrested for having a gun in their bag because a person who gets a UCW at the airport can also be fined by the TSA and also put on a no-fly list.

You don’t want to get one of those charges. You can deal with the TSA after arrest for a UCW and possibly keep from getting on a no-fly list and possibly keep from paying a big fine, but it’s difficult. One of the best ways is, don’t carry a gun in any bag that you travel with.

If you travel somewhere with the gun in your bag— take that gun out when you get back home. Always use a brightly colored carabiner on your bag to indicate any time you’ve got the gun in the bag.

Summary

Leave guns in your car to avoid a UCW charge at Texas airports, and ensure thorough bag checks before reaching security. If you spot a gun, return it to your vehicle before reaching the X-ray machine. By being vigilant, you can minimize the risk of legal issues, fines, and being placed on a no-fly list. 

Jasmine is the first person you’ll see when you walk into our Fort Worth office. She has always had an interest in law so what better way to gain some experience than working in a law firm. She is a recent graduate from Tarleton State University (Go Texans)! Jasmine is also very passionate about her job and helping people through tough situations. While not working she enjoys competing in breakaway roping and spending time with her family.

“It is during our darkest moments that we must focus to see the light” – Aristotle