March 29, 2016

Asked 3/28/2015 – Galveston, TX

i was pulled over charged with possession of weed dwi and felony possession of xanax bars thought weed possession was dropped and thought dwi was dropped also in plea bargain for the felony possession of xanax because they were just misdemeanors I was getting out later that day and serve 4 years felony probation for the felony plea deal however I didn’t they held me on the misdemeanor bonds still I bailed out 2 days later for misdemeanor bonds I saw they took my drivers license and on one paper it had x on I refused to give specimen license will be suspended after 40 days but I gave blood and on other page said I gave blood which I did and it didn’t have me sign that I refused to give specimen I gave blood those 2 papers contradict each other they took and provoked my license saying I refused when I gave blood says so on my other paper but clearly not enough time for labs to come back plus papers contradict one says I refused one said I gave blood so I’m confident gonna walk on that dwi charge for that technicality

Answer

The papers you are talking about deal with an administrative license suspension, not any subsequent criminal driving while intoxicated charge. Those are separate proceedings in separate courts with separate consequences. Criminal charges will not be dropped because of the “mistake” you allege, so please contact your attorney. To avoid a driver’s license suspension, you had to request an administrative hearing within 15 days of your arrest; if you did not, the Department of Public Safety can begin suspension of your license to take effect within 40 days. Check the status of your license.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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