Technically yes, however, you may request an ALR (Administrative License Revocation) hearing to contest the suspension within 15 days of your arrest.
Frequently Asked Questions
Jamika Wester, I took a time served plea on a possession of marijuana charge in 2007 so I could be released from jail and now I would like to clear my record. What are the steps to get my record expunged?
The only way to get an expunction would be if the criminal charges were dismissed by the DA or you were acquitted. The only other option one has is a Petition for Nondisclosure. Nondisclosures are usually afforded to individuals who have successfully completed a deferred adjudication program. Because you have what sounds like a straight “conviction” you would not likely be eligible for either.
Jamika Wester, I am out on bond for a Houston DWI and the judge required an interlock system for my vehicle. I have blown twice and my car wouldn't start for a short period, what is going to happen the next time I go to court?
The short answer is that you have violated the terms of your bond conditions. The judge can amend or revoke your bond in this case. If you have a legitimate reason, I would have my DWI lawyer present to explain it to the judge on your behalf.
Jamika Wester, I was arrested for a Houston DWI and the arresting officer did not read me my rights. Does this mean the conversation and my Field Sobriety Tests should not be admitted into evidence?
Well, if you made a confession, it will depend on whether you were arrested at the time you said it. If those statements were made prior to your Houston DWI arrest, they will likely be included. As far as the FSTs, those are actions and not incriminating statements, which are not covered by Miranda.
Jamika Wester, If I am pulled over in Houston under the suspicion that I have been Driving While Intoxicated, should I blow?
If you haven’t been drinking (or taking drugs), take the breathalyzer. If you have been drinking and you refuse the breath test, you will probably be arrested anyway. Once refused and arrested, the officer will get a warrant to have your blood drawn. This type of refusal will have implications on the amount of time you license may be suspended.
Jamika Wester, I was arrested for a Houston DWI and now my license is suspended. How am I supposed to get back and forth to work?
Have Jamika Wester petition the court for a Restricted License (aka Occupational License). This will enable you to go to work, school, or perform necessary tasks. There are additional fees associated with this license, specifically insurance.