Hi bensoncig,
Given that you've spoken to a local attorney who advised you that your
case falls under Texas law, it is extremely important that you contact
a lawyer in Texas without delay so that he has time to act on your
behalf - you only have fifteen days to file for a hearing to try and
save your license. If you miss this deadline, your license will be
automatically suspended (for 90 - 180 days) on the fourtieth day after
the notice was served. If you do request a hearing, you will be able
to drive on a temporary driving permit until the final decision by the
judge is made. You'll have to pay $125 to reinstate your license at
the end of the suspension period.
DUI (Driving Under the Influence): BAC under .08
DWI (Driving While Intoxicated): BAC of .08 or above
BAC LEVEL
" Test refusal results in a 120 day suspension on the first offense."
"An individual may be suspended if he/she either refused to submit to
a chemical test or provided a specimen with an alcohol concentration
of 0.08 or greater."
"Adult: If the driver refuses to provide a specimen, or provides a
specimen with a prohibited alcohol concentration, the officer serves
the individual with a Notice of Suspension and confiscates the driver
license."
"Offenders Under 21: In less serious cases, the officer will issue the
driver a citation of DUI, serve the individual with a Notice of
Suspension and confiscate the driver license. The minor will not be
placed under arrest and no chemical test will be requested."
OFFENCES
"The license sanction for first offenders is a 60 day license
suspension. Offenders may apply for an occupational license after 30
days."
"For a second offense (based on a prior conviction for DUI, DWI,
intoxicated assault, or intoxicated manslaughter), the suspension
period is 120 days with a provision for an occupational license after
serving 90 days of suspension."
"Subsequent violations call for a 180 day suspension with no provision
for an occupational license."
FINES
"First offenders may be fined up to $500 and subsequent offenders may
receive a fine of from $500 to $2,000. Community service sanctions
range from 20 to 40 hours for first offenders and 40 to 60 hours for
subsequent offenses."
The above was taken from the following website. Please see the Tables
for more details.
Texas Zero Tolerance Laws:
SEE TABLES
http://www.txdps.state.tx.us/administration/driver_licensing_control/alr.htm
ATTORNEYS IN TEXAS
Attornies by Municipality:
http://www.colorado-dui.com/states/TX.html
I have to be away from my computer for the rest of the day, but given
the time-sensitive importance of your question, I thought I'd better
post this now rather than wait for your clarification. If you need
further assistance or have any questions, please post a clarification
request before closing/rating my answer and I'll be happy to respond
when I return.
Thank you,
hummer
Google Search Terms Used:
dui texas "license suspension" |
Request for Answer Clarification by
bensoncig-ga
on
16 Apr 2004 22:13 PDT
Hi back hummer-ga,
Thank you for the wonderful info you've provided. I've already gotten
your response, but for the hell of it:
1) I refused the BAC breath test. I did take a blood test, but won't
know the results for another few days.
2) I'm 49 years old.
3) This is my 1st official (legal advice - don't ask?) DUI.
Just for your info (assumeing you don't always get to hear the whole
story). I moved from TX to MS 3 years ago. My TX car tag expired 2
years ago, but my TX drivers license is still valid 'till 6/05. MS
apparently cannot legally confiscate my TX license. If I had had a MS
license they could and I could drive on the ticket for up to 45 days.
It sounds as if TX will do nothing until after 30 days. Meanwhile, my
MS atty has advised me to get my car transfered to MS (this truely was
simply a laziness issue). The big delay was I misplaced the title but
I'm currently securing a copy from TX - ASAP. But, then I will have a
MS Plate and registration with a TX license under possible suspension
and still in violation of MS law.
I think this is going to end up being one very expensive, stupid on my
part, long drawn out mess. Fortunately, I can financially afford most
of the mess. But, I have a high profile position in a small MS town
and have to keep this whole mess on the QT or I could lose my position
and the finances to pay for all of this - what webs we weave!
Anyhow, thank you very much for your input and information. It's nice
to talk with someone who's not openly passing judgement.
I've also never used this service through Google before, so I hope I'm
responding to you correctly.
Thank you,
bensoncig-ga
|
Clarification of Answer by
hummer-ga
on
17 Apr 2004 05:42 PDT
Dear bensoncig,
You've responded to me perfectly - welcome to the GA community and
thank you for the snapshot of your current situation. You are indeed
in a pickle and you're just going to have to bite the bullet and plow
your way through it to get to the other side (sounds like your
attorney has things well in hand). Nevermind people who pass judgement
- we've all erred in one way or another - thankfully, noone was
injured while you were DUI and you've been given a second chance. If
you think of me when this is all over, I'd be happy if you'd drop me a
note to let me know all is well.
In regards to how GA works, when you are satisfied with the answer you
have received, the final step is to close your question by rating it.
Keep your chin up and your knees loose.
Take care,
hummer
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