If you have specific questions about your DWI, please call 512-677-5003 for a free consultation
When you refuse to give a breath sample, for a DWI in Texas, or blow over a .08, your license is taken from you. Many people wrongly assume that this means that their license is suspended right then and there. This isn’t true. In reality, you have 15 days to request an Administrative License Revocation (ALR) hearing. If you request this hearing within 15 days of your arrest, you can keep your driving privileges while you wait for your hearing.
Your ALR hearing will be scheduled in 1-3 months. At the ALR hearing, the State must simply show that they had enough probable cause to believe you were drinking and driving, and that the officer complied with all statutory warnings. This usually isn’t difficult for the officer to do. He can simply state that he saw bloodshot eyes, smelled alcohol, and noticed slurred speech. This, combined with a failed sobriety test or two is plenty in the way of probable cause for a DWI. Therefore, in most cases, the Driver’s License is revoked anyway.
Even with this low chance of success, you should still always request an ALR hearing for several reasons. First, if you properly subpoena the arresting officers, and one or both of them do not show, you will automatically win your hearing. Second, the ALR hearing can offer a valuable opportunity to question the arresting officer. If you request a transcript of the ALR hearing, you can use it at your DWI trial. Finally, requesting a hearing can give you time to get your ducks in a row to apply for an occupational license.
There are a lot of technical requirements when requesting an ALR hearing. The biggest requirement is that you must request the hearing within 15 calendar days of being arrested for your DWI. If you do not submit your request in that time, you lose your right to a hearing. This is one of the many reasons that for most people, it is very important to hire a lawyer as soon as possible following their DWI arrest.
If you have been arrested for a DWI in Travis, Hays, or Williamson counties, I can help. You can call me today for a free consultation: 512-677-5003. If you decide to retain me to help you defend your DWI, my fees are very affordable compared with other local attorneys, and payment plans are available.
Sadie was charged with DWD
(Driving While Dog)