What happens if you have had your license suspended because of a Breath Test failure or Breath Test refusal, and during the suspension, you are acquitted of DWI on the criminal charge?
524.015 of the Transportation Code is controlling in this case. The code reads:
EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON
DRIVER’S LICENSE SUSPENSION. (a) Except as provided by Subsection
(b), the disposition of a criminal charge does not affect a driver’s
license suspension under this chapter and does not bar any matter in
issue in a driver’s license suspension proceeding under this
chapter.
(b) A suspension may not be imposed under this chapter on a
person who is acquitted of a criminal charge under Section 49.04,
49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage
Code, arising from the occurrence that was the basis for the
suspension. If a suspension was imposed before the acquittal, the
department shall rescind the suspension and shall remove any
reference to the suspension from the person’s computerized driving
record.
When my clients are found Not Guilty by either a jury or a judge, I always send a letter to DPS with a certified copy of the judgment, and reference this statute.
In order to find out if your license suspension has been rescinded, you can call DPS at 512-424-7120.