What Is The 15 Day Rule?
Have you been arrested for DWI? At the Zendeh Del Law Firm, PLLC, we are whole-heartedly dedicated to helping people like you get the top-notch criminal defense representation you need. Since 1993, the Administrative License Revocation (ALR) Program has helped manage driver’s license suspension cases fairly. A prominent part of the program is the 15 day rule. Simply put, the 15 day rule states that, after a DWI arrest, you have 15 days to schedule an ALR hearing in order to attempt to regain your driving privilege. Just because you’ve been arrested doesn’t mean that you will automatically lose your license. DWI arrests involve two cases: a criminal case and a civil case. Your DWI criminal case will be handled in court; however, your license suspension is a civil matter that will most likely be handled by the Texas Department of Public Safety. If you are reasonably able to demonstrate your innocence at the hearing, the department may give your license back.
If you fail to schedule a hearing within 15 days, your license will be automatically suspended.
When Does The 15-Day Rule Apply?
If you have been arrested for DWI, the 15 day rule applies to you. Additionally, if you refused to take a blood, breath or urine test after you were pulled over, the 15 day rule applies. You are not legally obligated to take a blood or breath test. However, refusing to take the test can result in harsh penalties. For instance, if you refuse to submit to a test to determine your BAC level, your license may be suspended for 180 days. If you have previous refusals or convictions on your record, your license could be suspended for up to two years. Drivers under the age of 21 are subject to different rules. If a motorist under the age of 21 is found operating a vehicle while also having a BAC higher than 0.01%, the 15 day rule applies. Commercial drivers are subject to revised standards as well. If a commercial driver is found operating a vehicle with a BAC of 0.04% or higher, the 15 day rule may be enacted. If you submit to blood, breath or urine testing, but the results indicated that you were operating a motor vehicle above the legal limit, your license may be taken away and the 15 day rule put into effect.
What Happens If I Miss The Deadline?
After an arrest, you will receive a notification indicating that your driver’s license will be suspended. This notification is usually given to you on the day of your arrest. After you receive your notification, you have 15 days to schedule your hearing or else your license will be automatically suspended. After the fifteen days have expired, you will lose your driving privilege. Depending on your past driving and criminal record, your license may be taken away for several years. If you schedule a hearing, your license cannot be officially suspended until the hearing is complete.
How Our Plano DWI Defense Lawyers Can Help
If you’ve been arrested for DWI, contact a defense attorney from our firm as soon as possible. You only have 15 days to schedule your hearing. Don’t assume that you won’t be able to get your license back. With a top-notch defense attorney by your side, you stand a better chance of re-obtaining your driving privilege. You might feel hopeless after an arrest. Don’t give up! Our attorneys have years of experience helping people like you.
Contact us today and schedule a case consultation!