If your license is suspended because of a DWI arrest, the suspension can be contested in an administrative license revocation hearing, which is held before an administrative judge in the State Office of Administrative Hearings. The hearing must be requested within 15 days of the arrest. At the hearing, the Department of Public Safety must prove by a preponderance of the evidence that the officer had reasonable suspicion to detain the person, as well as probable cause to arrest the person for DWI. The Department also must prove that the person, after being properly warned by the officer, either refused the test or took the test and the test showed that the person had an alcohol concentration of 0.08 or more while driving a motor vehicle. If the DPS Judge finds a failure to prove any of these issues, your license will not be suspended at the hearing.
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