Driver's License Hearing & Suspension Attorney in Houston
When a person is arrested in Texas and charged with DWI, the Texas Department of Public Safety will typically try to suspend their driving privileges right away. However, those charged with DWI will have 15 days from the date of their DWI arrest to request a driver license suspension hearing. You’ll be permitted to hire a lawyer and fight to keep your driver’s license during your hearing. It’s important for you to request a hearing within 15 days, though, since you will lose your license automatically if the deadline passes before you file your request. There are no exceptions to this rule and no extensions will be allowed under any circumstances, which means you need to contact Jim Medley Defense Lawyer right away to get your request in on time
Preparing to Fight for Your License
Once Jim Medley Defense Lawyer formally requests driver license suspension hearings for you, you will be allowed to continue to drive as you normally would unless there are conditions attached to your bond that prevent you from driving. The Texas DPS will not be able to legally take your license away until your hearing takes place. In the time leading up to your hearing, we’ll work diligently to put together police reports, witness statements, surveillance videos, 911 calls, and more to build a strong case for you. We’ll also subpoena the arresting police officers in your DWI case and prepare to cross-examine them at your hearing. As your lawyer, we’ll make it our mission to help you save your license.
Refusal or Failure
At driver license suspension hearings, it’s up to the Texas DPS to prove you refused to provide police with a blood specimen or take a breathalyzer test during your DWI arrest. Otherwise, they must show that police obtained a sample from you that showed your blood alcohol level was 0.08 or higher when you were arrested. If they can’t do one of these things, you’ll have a strong case and could avoid driver’s license suspension. If they are able to make a case against you, you could face at least a 90-day suspension of your license. Either way, driver license suspension hearings are important because they allow you to keep driving prior to them, while also giving your attorney time to prepare a defense for you for your DWI case.
In some cases, suspension of the license cannot be defeated. Jim Medley Defense Lawyer can help you make the best of the situation. We can help you obtain court-ordered permission to drive to and from your place of employment every day- even though your license is suspended. You will often be required to install an ignition interlock device in your vehicle and get an SR-22 as part of the permission, but it will allow you to continue to drive to keep your job until you get your license back.
Reinstating Your License After a DWI Arrest
In the state of Texas, law enforcement officers maintain the power to confiscate your driver’s license if they arrest you for DWI. During their scene investigation, an officer will typically ask the suspected impaired driver to perform a series of field sobriety tests and at the end, they will ask for a breath or blood sample for analysis. If this request is refused, or if a sample is given and is found to be over .08, the officer is authorized to keep the license and initiate the process of trying to suspend the license.
The officer should then issue a temporary permit, which would expire 40 days later. This 40 day limit disappears as a problem as long as your Texas DWI lawyer properly requests the challenge hearing before the 154th day. Once this hearing is properly requested, the driver remains legal to drive until the hearing actually occurs. If your DWI defense lawyer wins the hearing, then the license remains valid!