DPS Form 1205

People who are arrested for DUI and refuse to take the state designated blood alcohol test may be issued a DPS form 1205. That form is notice to the accused that their license may be suspended on the 30th day following their arrest. To stop the suspension of your driver's license, you must request a hearing within 10 business days of your arrest. This is an administrative license suspension procedure that is a separate case from the criminal charge of DUI. Be careful, if you wait beyond the 10 business days, your license will be suspended. The State follows this rule strictly.

DUI Alcohol Levels

• If the blood alcohol concentration is .08 grams or more, it shall be presumed that the person was DUI.
  
• If the blood alcohol concentration is less than .05 grams, it shall be presumed that the person was not DUI.
  
• If the blood alcohol concentration is above .05 grams but less than .08 grams, such fact shall not give rise to any presumption that the person was or was not DUI.
  
• You do not have to be driving your automobile in order to be arrested for DUI. You may be arrested for DUI if the police have probable cause to believe you have been driving under the influence within the last 3 hour period.
  

DUI Drugs

• It is illegal to be under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive.
  
• It is illegal to be under the influence of any drug to the extent that it is less safe for the person to drive. (That includes prescription medication. Yes, you can get a DUI for driving on prescription medication.)
  
• It is illegal to drive when there is any amount of illegal drugs present in the person's blood or urine.