Civil versus Criminal Penalties for DWI

A Texas driver arrested for driving while intoxicated may not be aware that a DWI arrest creates two separate proceedings. First, a DWI arrest results in a criminal case, but the arrest also causes the commencement of a civil proceeding against the accused person’s drivers license called an ALR (administrative license revocation) hearing. An ALR suspension can be initiated against the accused if he or she fails a breath or blood test or if he or she refuses to submit to a breath or blood test.  An ALR suspension against a driver has its underpinning in the Texas implied consent statute. This law states that each person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood. Texas courts have ruled that an individual does not have the right to consult with an attorney prior to deciding whether to submit to a breath or blood test.