Why an Attorney for DWI in Texas?
Why 15 days?
Q: What impact does a Driving
While Intoxicated (DWI)
arrest/conviction have on my driver’s
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
driver’s license. At the time of an
arrest for DWI, a law enforcement
officer will physically confiscate your
driver’s 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) (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 driver’s license, you will
likely need to pursue an occupational
driver’s 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, it’s 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.
Contact Gilbert Garcia today.
Gilbert G. Garcia
Conroe TX DWI Attorney - DUI Lawyer in
Montgomery County
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