Defense Attorney for Your Driving Privileges
Driving while intoxicated is among a few rare actions that cross the lines of multiple government jurisdictions. In this case, an individual suspected of DWI is suspected of being in violation of both the criminal justice system and the traffic safety system. For this reason, a DWI arrest will lead the individual to responsibilities concerning both entities. While the criminal aspect is handled within the court, the driving offense aspect will need to be taken up with the Department of Public Safety.
When you are arrested for DWI, the officer will take your current driver's license and hand you a temporary license.
Following your arrest, you only have 15 days to schedule the appropriate hearing with the DPS. If you fail to do so, your license will be automatically suspended by the Texas Department of Public Safety.
It is important to remember that this process and this penalty is completely independent of your specific charges and the results of your criminal trial. This means that it is possible for you to be acquitted of all charges by the criminal court but still have your license suspended by the Texas DPS simply for failing to schedule and appear within the required timeframe.
Petitioning Your License Suspension
In order to petition against the impending suspension, you and your Brazoria County DWI lawyer will need to schedule an Administrative License Hearing with the State Office of Administrative Hearings within 15 days of your arrest. If you receive your Notice of Suspension by mail, however, the timeframe is cut to 10 days rather than 15.
At this hearing, the DPS will need to prove your guilt through four main factors concerning your arrest:
- That the arresting officer had reasonable suspicion to pull you over
- That he or she had probable cause to suspect your intoxication at the time
- That you were afforded the opportunity to participate in a blood or breath test prior to your arrest
- That either you refused to participate in said test (thereby violating the principles of implied consent) OR the results of the test revealed a BAC level above the legal limit.
Scheduling, appearing and even arguing at an ALR hearing cannot guarantee that your license will not be suspended but it is your only chance to petition it.
If you have received a Notice of Suspension following an arrest for DWI, contact a Brazoria County DWI attorney immediately to begin the process towards petitioning the suspension of your driving privileges.