If you were recently arrested for driving while intoxicated in Texas, your driver’s license was probably confiscated in the process—as is standard procedure. Fortunately, you have the right to contest the impending suspension by scheduling an administrative license revocation (ALR) hearing within two weeks of your arrest. More specifically, the Texas Department of Public Safety will follow through with the suspension if you do not request a hearing within 15 days. If you are even one day late in submitting your request, you will be out of luck.
For this reason, you should not hesitate to get in touch with a Houston criminal defense lawyer at Jim Medley & Associates, P.C. as soon as you have been arrested for DWI. The sooner you act, the better chance you will have at saving your license. So what issues will be addressed at the ALR hearing? Since the burden of proof lies with the Department of Public Safety, they will be required to prove that the suspension was conducted lawfully. In order to do so, they will need to show, by a preponderance of the evidence, that:
- The officer had reasonable suspicion to stop you
- The officer had probable cause to arrest you
- The officer asked you to submit a BAC sample
- You failed to submit a breath or blood sample
- OR your BAC was measured over .08%
With the help of an experienced DWI defense attorney, you may be able to contest the suspension of your driving privileges by showing that one or more of these factors is not true and/or did not exist at the time of your arrest. If you are successful, your driver’s license would be reinstated. If you are unsuccessful, your driver’s license will be suspended for a certain period of time—regardless of whether or not you are later convicted of DWI. The suspension will typically last for 180 days if you had refused to submit to chemical testing. If you took the test and failed, the suspension will last for 90 days.
That being said, there is no reason why you should forfeit the opportunity to fight your driver’s license suspension. Time is of the essence after a DWI arrest, however, so it is extremely important that you take action quickly. Wondering how the Houston criminal defense attorney at Jim Medley & Associates, P.C. can help? Contact our firm today at (713) 668-4589 for a free consultation or fill out a free case evaluation form online. We have over 20 years of criminal law experience that we can put to work for you.