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.

For more information on Why I Need A Attorney For a DWI In Texas Contact Gilbert Garcia today at 936-756-3333.

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