How do you avoid or delay license suspension after being accused of a DWI? Well, DWI cases work a bit differently than other criminal cases. At the same time that a criminal cases is mounted against you, there is also a civil trial. The civil trial is what will aim to suspend your driving privileges, while the criminal case is what determines whether or not you are guilty and the punishment for the crime.
First of all, make sure that your address on file with the Texas Department of Public Safety is current and accurate because all notices will be send by mail (including your ALR hearing date).
Law Enforcement will confiscate your plastic driver’s license, but your driving privileges are not yet suspended. Driver’s license suspension is not immediate, even if you no longer have the plastic copy. The plastic license will be replaced with a Notice of Suspension, which acts as a temporary license for 40 days. After these 40 days, your official suspension begins. This is meant to give you an opportunity to plan transportation and organize the things in your life that will change.
There are things you can do if you act quickly. You have the right to request an Administrative License Revocation (ALR) within 15 days of your arrest. An ALR hearing applies to individuals who are arrested for a DWI (Driving While Intoxicated) or BWI (Boating While Intoxicated) and either fail a blood or breath test or fail one. This hearing allows you to contest the suspension of your license. Scheduling the hearing may require up to 120 days, but any request for an ALR hearing submitted after the 15-day window will automatically be denied. During the hearing, the DPS must prove its case against you to suspend your license.
No matter the end result of the civil case, you will be able to keep driving until the ALR hearing is concluded. The ALR hearing is also a good opportunity to get started on your criminal case, but these hearings can get very complicated and it is beneficial to have an experienced DWI attorney to guide you through it.
In order to suspend your license, the state must prove that there was enough reasonable suspicion to stop you in the first place. If there was not, the evidence collected from the traffic stop must be excluded from evidence (including whether or not you refused to take the test). They must also prove that your BAC was .08 or above, on top of the arresting office having reasonable suspicion to make the traffic stop, and that you were requested to submit to testing properly. The officer must read an Implied Consent Form. Little details like that, if done incorrectly, can make a big difference in the result of your case.
Thank you for visiting the Gabriella Young blog, an Austin Criminal Defense Lawyer. We write to inform locals about law changes, events and news.