YOU HAVE 15 DAYS TO FIGHT FOR YOUR DRIVER’S LICENSE
Most people are unaware when you are arrested for DWI you have 15 days to request a hearing with the Texas Department of Public Safety (DPS). This civil hearing is different from criminal proceedings and may be crucial to saving your driver’s license.
DO I NEED A LAWYER TO REQUEST A HEARING?
NO, you can go to the DPS website and request an Administrative Revocation Hearing (ALR). I have included the link to the website at the bottom of this article.
Even if you plan to hire an attorney, it’s a good idea to submit the request for the hearing. Things come up and life happens before you are able to see an attorney for your DWI case and this 15 day deadline cannot be extended.
ARE THERE ANY ADDITIONAL BENEFITS TO REQUESTING A HEARING?
YES. When you are arrested for DWI, your license will be suspended in 40 days. When you request an ALR hearing, your license cannot be suspended until after the hearing. The hearings are typically scheduled for at least 2 months after the date of the request.
Testimony from the officer at the ALR hearing may be a determining factor toward resolving your criminal case. This is an opportunity to elicit testimony from the officer and commit him to a version of events that occurred leading up to the DWI arrest.
WHAT IS THE LIKELY OUTCOME OF THE HEARING?
If, after a subpoena is issued, the officer(s) do not show up, there is a good chance your license will not be suspended. If the officer(s) do show up, the likely result is a driver’s license suspension. In a criminal case, the standard of proof is beyond a reasonable doubt. At the ALR hearing, the State only needs to show there was probable cause for the arrest among other things.
WHAT IF THE ALR HEARING DOESN’T RESULT IN MY FAVOR?
If the ALR hearing does not result in a favorable outcome, you are still eligible for an occupational driver’s license. This is something I typically get for my clients if we are unsuccessful at the ALR hearing. The occupational driver’s license allows my clients to continue driving during the suspension period
Life after a DWI arrest is hectic. There are steps that can be taken to help reduce the impact this has on your job, family and ability to drive. I have seen the crippling effects of what a DWI arrest can do to my clients. An attorney will be able to help you navigate the criminal and civil effects of a DWI arrest.https://www.dps.texas.gov/DriverLicense/customer_service/alr.aspx
PIETRAZEK LAW, PLLC
1924 N. Main Ave
San Antonio, Texas 78212
PIETRAZEK LAW, PLLC is a veteran owned law firm in Bexar County which operates as a general practice firm handling a variety of cases, with a focus in criminal defense. Mary Pietrazek is an experienced trial attorney who has a strong work ethic that benefits her clients in every case. When no one else is on your side, contact Pietrazek Law, PLLC.