Why do I need an Attorney for a DWI in
Texas?
Q:
What impact does a Driving While Intoxicated (DWI)
arrest/conviction have on my drivers license and
driving privileges?
A: Many people are unaware that hand-in-hand with
an arrest for DWI in the State of Texas is
the issue of dealing with the suspension of your drivers
license. At the time of an arrest for DWI,
a law enforcement officer will physically confiscate
your drivers license. It will be replaced with a Notice
of Suspension, along with a 40-day temporary driving
permit.
It is your responsibility to request an
Administrative License Revocation (ALR) hearing
within 15 days of the date on the Notice of Suspension.
If you do not request a hearing, the suspension
automatically goes into effect on the 40th day after the
Notice of Suspension was served, and depending on a
number of factors including whether you are a minor,
refused to provide a breath or blood specimen, prior
police contacts, or if you did provide a specimen which
registered over the legal intoxication limit your
suspension can range from 60 days to 2 years.
If you do request an ALR hearing, it will be
conducted by a State Office of Administrative Hearings
(SOAH) Administrative Law Judge (ALJ), which is a
government hired employee. The Department of Public
Safety has the burden of proof, (only by a preponderance
of the evidence) and at the end of the hearing the ALJ
determines whether your license is suspended or not. If
the ALJ does suspend your drivers license, you will
likely need to pursue an occupational drivers license to
obtain permission to drive to and from work.
Therefore, it is best to stick to your limits or
designate a driver when drinking alcohol to avoid a
DWI arrest. As you can see, its not just a
simple ticket. An arrest for DWI has a
broad impact on your freedom, finances, and driving
privileges. However, it is important to remember that
just because someone is accused of the crime of
DWI, it does not mean they are guilty. And the
constitution and legal system affords every American the
right to an attorney and the right to a legal defense
when presented with such charges.
Gilbert G. Garcia, has practiced Criminal Law since 1978
and has been Board Certified in Criminal Law since 1989.
The Gilbert G. Garcia Law Firm is the logical choice to
represent you in your criminal case, providing the
quality legal services you deserve in your most
important matters.
Free initial consultations and reasonable fees.
Personal payments plans available and most major credit
cards accepted. Many issues are able to be handled
via e-mail, phone calls and fax and after hours and
weekend appointments are available upon request to meet
the needs of each client.
Conveniently located on the Montgomery County Courthouse
square since 1983.
