15 Day Deadline
Even if this is your first time DWI charge, you only have 15 days from the date of your arrest in order for an ALR (Administrative License Revocation) hearing to be requested to fight for your privilege to drive in Texas. If this period of time expires and no request for hiring is made, your will lose your license automatically with no right to appeal or to request a hearing late. There are no exceptions or extensions to this rule.
Preparing to Fight for your License
Once we request a hearing, your license to drive remains unaffected by your arrest, and you can continue to drive with full privileges. With the exception of conditions of your bond that may limit your driving, DPS cannot take your license until we have had a chance to prepare and to fight for you. We will collect reports, videos, witness statements, 911 calls, and any other evidence that may apply to your case. We can also subpoena any officers involved in your stop and arrest to appear at the hearing and be subjected to cross examination. We will start our job as your DWI lawyer by taking steps to fight to save your license.
Refusal or Failure
In order for Texas DPS to suspend you from driving, they will have to prove at the hearing that you either refused to provide a voluntary specimen of breath or blood, or that they obtained a sample from you that showed you were over .08. Texas DWI law requires a minimum suspension of 90 days for a .08 or higher test result. These drivers license hearings are very important in order for you to legally drive for a period of time and to help prepare defenses for the associated DWI charge.
In the event your license does get suspended, it is not the end of the world. In those situations, we can usually obtain court ordered permission for you to at least be able to drive between home and work during the suspension. This is a very limited context in which to drive that will normally require an ignition interlock device and an SR-22 as a condition of your driving.
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Unlawful Blood Testing
Jim Medley Discusses a Forced Blood Draw