You have just been arrested for driving while intoxicated (DWI) in Texas, and now you have lost your driver’s license. You are concerned about how you will drive to and from work and manage all the other aspects of your life without a driver’s license. You have the right to fight your driver’s license suspension, and the Dallas-Fort Worth attorneys at Abel Law Firm are here to help.
Administrative License Revocation in Texas
There are two parts to a DWI case in Texas. The first part is the administrative license revocation (ALR), and the second is your criminal case. ALR deals with driver’s license suspension. The criminal case involves the DWI charge against you. We will discuss ways to fight your administrative license revocation after a DWI arrest.
In Texas, suspects who have a breathalyzer test result of .08% or higher will be arrested for a DWI. At that point, an officer should immediately confiscate the driver’s license. The driver will receive a 40-day temporary driving permit. Additionally, if the driver refuses to provide a breathalyzer test when requested, the police officer will revoke his or her driver’s license. When the driver doesn’t take any action after the DWI arrest, his or her driver’s license will be suspended on the 40th day.
You Must Request an ALR Hearing Within 15 Days
The length of a driver’s license suspension lasts anywhere from 90 days to two years. If you would like to fight your driver’s license suspension, the most important thing you must do is to request an administrative license revocation hearing within 15 days of your arrest. If you request a hearing after the 15th day, your request will be denied. Your license will be suspended on day 40. When you work with a DWI attorney, your attorney can request the administrative hearing and represent you during the hearing, presenting evidence and arguments in your favor.
Before the hearing, your attorney will be able to subpoena the police officer who pulled you over and the police officer who arrested you for a DWI. Your attorney can essentially make the police officer attend your hearing and testify. Doing so can help you get your driver’s license back. For example, if the police officer does not show up to the hearing, DPS is not allowed to use information from the police officer as evidence against you.
Typically, the police officer’s report about your arrest can be admitted into evidence. However, if the police officer is subpoenaed and does not show up, the report cannot be used against you. As a result, the DPS case against you could be too weak, and you could have your driver’s license suspension overturned.
Contact a Dallas-Fort Worth Attorney Today
If you have had your license suspended due to a DWI, it is crucial that you discuss your case with an attorney as soon as possible. You do not want to lose your opportunity to fight your driver’s license suspension. Contact Abel Law Firm today to schedule your initial consultation.