A DWI accusation in Texas is stressful and comes with serious potential consequences. With significant fines, jail time, and the possibility of a suspended license, it’s essential to take action immediately. One of the factors you’ll have to face after a DWI accusation is an administrative license revocation (ALR) hearing, where a judge will determine whether to suspend your license and for how long. You only have 15 days from the date you are arrested to call the Department of Public Safety (DPS) and request a hearing. Failure to do so within the 15 days will result in waiving your right to challenge any license suspension.
In order to protect your driving privileges, you’ll need to speak with an experienced defense lawyer. Not only to provide a solid defense, but you will also navigate the complex legal system. Without a lawyer by your side, you risk losing your driving privileges and suffering harsh legal consequences. Speak with Sophia C. Martinez as soon as possible to build your defense today.
What Is an Administrative License Revocation (ALR) Hearing?
After you’re pulled over for suspicion of drinking and driving, the officer may measure your blood alcohol concentration (BAC) through a breath or blood test. If you refuse or have a BAC of 0.08% or higher, the Texas Department of Public Safety (DPS) will seek to suspend your license at an administrative license revocation (ALR) hearing.
An administrative license revocation hearing is a civil proceeding where DPS must prove that the officer had probable cause to stop you and reasonable suspension to make an arrest for DWI. In addition, that you voluntarily provided a breath or blood sample that resulted in a blood alcohol concentration of 0,08% or higher, or that you refused to provide a breath or blood sample.
This is also where your lawyer will present evidence of misconduct and documentation proving your innocence. They may also use other defense strategies to reduce your consequences. With an experienced lawyer, they will do everything in their power to protect you and receive a successful outcome.
Preparing for Your Driver’s License Suspension Hearing
The first and best action you can take after you’re accused or arrested for driving while under the influence of alcohol in Texas is to contact your lawyer. They will protect you and your rights as well as inform you of the ALR process and how to prepare for the hearing.
Consider the following steps you’ll need to take to fight a Texas driver’s license suspension:
- Request a hearing: You have 15 days after your arrest to request a hearing either through phone, mail or online. If you don’t request a hearing, your license will automatically suffer a suspension after 40 days.
- Choose the form of hearing: You may choose two hearing options: an in-person hearing or a telephone hearing. You have the right to select the format, so consult with your attorney before deciding on either option.
- Subpoena witnesses: When you subpoena the arresting officer, and they do not show up to the hearing, this may allow your attorney the ability to request to have the case dismissed if the judge does not grant DPS a continuance.
- Show reasonable doubt: Your attorney may create reasonable doubt surrounding your case by questioning why you were pulled over in the first place and other suspicious judgments made by the officer.
With your lawyer, you’ll be able to prepare your testimony and feel confident that your words won’t be used against you in the hearing. Speak with our team at Sophia Martinez Law as soon as possible.
Contact Sophia C. Martinez for an Experienced San Antonio Drug Trafficking Lawyer
Facing a Texas driver’s license suspension is concerning and threatens your livelihood. With 25 years of experience in criminal law, Former District Attorney Sophia C. Martinez has the knowledge and resources to protect your rights. The sooner you speak with our team, the more time we have to build your defense and prepare you for the hearing. We tailor our services to your needs and are confident in our ability to represent you at your ALR hearing.
Fill out our contact form or call (210) 226-3000 to learn how Sophia Martinez Law can help you today. We also speak Spanish.