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DWI & Driver License Suspension ProceduresNorth Texas DWI Offender Attorneys, Amdur & BoltonA Suspended License Can Mean A Lot More Than You Might Think Losing your driver license as a result of your DWI arrest is more than just a temporary inconvenience. Besides making life very difficult from a practical standpoint—losing your driver license hurts. How will you feel the next time your spouse wants you to take her out for a night on the town? Or your mother asks you to drive her somewhere? Or when you are unable to take your turn driving your child’s team to soccer practice? A DWI guilty plea can result in suspension of your driving privileges for up to 2 years in some cases. You need an experienced North Texas DWI lawyer who knows what is at stake with your DWI / DUI case. Amdur & Bolton are experienced former prosecutors and specialists in protecting the rights of their clients. A guilty plea is the last resort. They know that, and will tenaciously pursue every possible alternative before agreeing to any type of deal with the prosecution. The firm does not take chances with your liberty, why should you? Contact an experienced and aggressive Dallas-Fort Worth DWI lawyer. For a free consultation about your case, call Amdur & Bolton today. DWI and Driver License Suspension Procedures When a person is arrested for DWI in Texas, he will actually have 2 cases to handle. First, an arrest for DWI obviously results in criminal charges. Secondly, the DWI arrest triggers a second case, a civil proceeding against that person’s driving privileges. This second case is known as an Administrative License Revocation (ALR) proceeding. If a person arrested for DWI fails a breath or blood test, or refuses to submit to a breath or blood test, that person’s license suspension becomes effective 40 days after the arrest date. A person may, however, challenge the suspension by requesting an ALR hearing within 15 days of the arrest date. If an ALR hearing is not requested within the 15-day window, an automatic suspension becomes effective on the fortieth day after the arrest date. Texas Transportation Code Section 724 provides the legal basis for initiation of a driver license suspension. This law provides that a person operating a motor vehicle on Texas roads has impliedly agreed to submit to the taking of a breath or blood specimen upon proper request by a police officer following a DWI arrest. The arresting officer is required, by law, to inform the person with the legal consequences of refusing a breath or blood test, or failing a breath or blood test. Texas courts have held that a person arrested for DWI does not have the right to talk to an attorney before deciding to submit to a breath or blood test. Police officers are authorized to confiscate any license held by the person and issue a temporary driving permit that expires on the 41st day after the issuance date. Once a person requests an ALR hearing, though, the Department of Public Safety must provide him with documentation that the license is not suspended until after the ALR hearing. When a person requests an ALR hearing within the 15-day window, no suspension may be imposed until the Department of Public Safety proves by a “preponderance of evidence” (it is more likely than not) that:
By requesting an ALR hearing, you have the opportunity to better defend your DWI charge at trial. Aside from challenging your driver license suspension by having a skilled and knowledgeable attorney represent you at the ALR, you have the opportunity to subpoena the arresting officers to the ALR hearing and question them about the details surrounding your arrest. It cannot be over-emphasized how valuable this discovery information can be in preparing your case for trial. If a person does not challenge an ALR suspension or is unsuccessful at the hearing, the suspension periods are as follows: Breath or blood test refusal (Texas Transportation Code 724.035)
Breath or blood test failure (Texas Transportation Code 524.022)
Once a person loses his driver license to an ALR suspension they must submit a reinstatement fee of $125.00 to the Department of Public Safety before their license will be reinstated. The Department of Public Safety will hold the suspension indefinitely until the reinstatement fee has been paid and posted in its computer system. Brian Bolton and John Amdur recommend that a person arrested for DWI ALWAYS request an ALR hearing and hire a skilled and knowledgeable attorney who specializes in DUI law to protect driving privileges and aggressively represent them through trial. Amdur & Bolton Amdur & Bolton specialize in DUI defense and are based in Dallas, Texas. They aggressively represent clients throughout North Texas, including the counties of Dallas, Collin, Tarrant and Denton, and the communities of Dallas, Irving, Mesquite, Garland, Grand Prairie, Plano, McKinney, Fort Worth, Arlington, Carrollton, Richardson, and Denton. | |
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by Amdur & Bolton. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |
