In Texas, individuals arrested for driving while intoxicated (DWI) face both criminal charges and an administrative license suspension. The latter is conducted by the Texas Department of Public Safety (DPS) and is separate from the criminal case. This article will discuss what the Texas DPS must prove by a preponderance of the evidence in a DWI administrative license suspension hearing to demonstrate probable cause to arrest the defendant for operating a motor vehicle while intoxicated, according to Tex. Transp. Code § 524.035(a)(2). DAngelo Legal Blog
The Administrative License Suspension Hearing
When an individual is arrested for DWI in Texas, their driver's license is subject to an immediate suspension. The driver has 15 days to request an administrative license suspension hearing, which is conducted by the State Office of Administrative Hearings (SOAH). This hearing is solely focused on determining whether there was probable cause to arrest the individual for DWI, and it does not determine guilt or innocence in the criminal case.
Burden of Proof in Texas DWI Administrative License Suspension Hearings:
Under Tex. Transp. Code § 524.035(a)(2), the Texas Department of Public Safety (DPS) has the burden of proof in an ALR hearing. This means that DPS must establish, by a preponderance of the evidence, that the arresting officer had reasonable grounds to believe you were operating a motor vehicle while intoxicated.
Preponderance of the Evidence:
The term "preponderance of the evidence" is a standard of proof that means the evidence presented by the DPS must be more convincing than the evidence presented by the opposing party (the licensee). In other words, the DPS must prove that it is more likely than not that the officer had reasonable grounds to believe you were intoxicated.
Key Factors in the Burden of Proof:
To satisfy the burden of proof under Tex. Transp. Code § 524.035(a)(2), the DPS must present evidence that demonstrates:
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Reasonable suspicion for the initial traffic stop.
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Probable cause for the DWI arrest.
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Proper administration of the required statutory warnings.
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Proper administration of the breath or blood test, if applicable.
Tex. Transp. Code § 524.035:
(a) The issues that must be proved at a hearing by a preponderance of the evidence are:
(1) whether:
(A) the person had an alcohol concentration of a level specified by Section 49.01(2)(B), Penal Code, while operating a motor vehicle in a public place or while operating a watercraft; or
(B) the person was a minor on the date that the breath or blood specimen was obtained and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place or while operating a watercraft; and
(2) whether reasonable suspicion to stop or probable cause to arrest the person existed.
(b) If the administrative law judge finds in the affirmative on each issue in Subsection (a), the suspension is sustained.
(c) If the administrative law judge does not find in the affirmative on each issue in Subsection (a), the department shall:
(1) return the person's driver's license to the person, if the license was taken by a peace officer under Section 524.011(b);
(2) reinstate the person's driver's license; and
(3) rescind an order prohibiting the issuance of a driver's license to the person.
(d) An administrative law judge may not find in the affirmative on the issue in Subsection (a)(1) if:
(1) the person is an adult and the analysis of the person's breath or blood determined that the person had an alcohol concentration of a level below that specified by Section 49.01, Penal Code, at the time the specimen was taken; or
(2) the person was a minor on the date that the breath or blood specimen was obtained and the administrative law judge does not find that the minor had any detectable amount of alcohol in the minor's system when the minor was arrested.
(e) The decision of the administrative law judge is final when issued and signed.
This blog post was prepared with the assistance of ChatGPT-4 AI. Nothing in this post should be considered legal advice or the creation of an attorney-client relationship. This blog is strictly for informational purposes only.
