Texas DWI Administrative License Revocation Hearings
Attorney Nathan Wood talks about DWI Administrative License Revocation Hearings in this video. If your driver’s license has been suspended because of a DWI or your refusal to provide a breath or blood sample, you can request a hearing to protect your license. Learn more in this video. Mr. Wood is currently an Assistant District Attorney in College Station, Texas.
Summary of Texas DWI Administrative License Revocation Hearings Video
Initial Consequences of a DWI Charge
Today, I’m going to talk to you a little bit about some of the initial consequences of a DWI, specifically about administrative license suspensions and the DWI administrative hearing associated with license suspension. If you’ve been arrested for a DWI, what many people don’t realize is that there are actually two cases pending against you, not one. The first case is the criminal case, and the second case is the case against your driver’s license.
Your Driver’s License Might Be Suspended
It’s important to act quickly in order to protect your driver’s license from an automatic suspension by requesting a DWI administrative hearing. At some point after you’ve been arrested for a DWI, a police officer is going to ask you to provide a sample of your breath or your blood. If you say no, then your refusal will result in a mandatory driver’s license suspension. If you say yes and provide a sample of your breath or your blood and it is tested and it comes back at a 0.08 blood alcohol concentration or higher, that also will result in a suspension of your driver’s license.
You Have 15 Days to Fight Your Driver’s License Suspension
Now, that suspension is automatic, but you can fight it. You have 15 days from the day that you’re served with what is called the statutory warning. The statutory warning is a document that the police will read to you when they ask you to perform a breath test or a blood test. So, 15 days after that is your deadline to request a DWI administrative hearing on your mandatory driver’s license suspension. It’s important to act quickly because of that short time period.
It’s Important to Have a Lawyer Represent You at the DWI Administrative License Revocation Hearing
It’s also important to have a lawyer represent you at that administrative license revocation hearing, or ALR hearing. The ALR hearing is an important step in protecting your driver’s license and in preventing a final conviction for DWI.
Many times, if you represent yourself at an ALR hearing, the court will allow a police officer to appear by affidavit, which means that they don’t appear at all. They submit an affidavit that contains the facts as the officer saw it in your arrest.
A lawyer who understands how to represent you at an ALR hearing will know how to subpoena that police officer to appear in person. Now sometimes a police officer won’t be able to appear in person or will choose not to. And if that’s the case, you win, and your driver’s license is safe for the moment. Sometimes, the police officer will show up, and a lawyer will ask questions, and rather than focusing on questions that emphasize the reasons for your arrest, a lawyer can represent you and ask questions that might otherwise go unnoticed by a court or a police officer. Facts that will ultimately help you. Facts that can be established on the record before a prosecutor ever sees the case.
A Lawyer Representing You at the DWI Administrative License Revocation Hearing Can Help You at Your DWI Trial
That ALR hearing can serve as an early form of discovery in what is eventually going to be a DWI trial to determine whether or not you suffer both the criminal and civil penalties that go along with DWI. With good representation, the judge at the ALR hearing may throw out the automatic license suspension, and even if the judge rules against you, you have at least preserved on the record many facts that can ultimately help you avoid a DWI conviction.
Thanks for your time today, and good luck.
Call 800-929-1725 for Help from Experienced DWI Lawyers
The lawyers at Wadler, Perches, Hundl & Kerlick have many years of experience representing clients accused of DWI. DWI is a very serious charge, and we recommend that you don’t try to represent yourself. Call an experienced DWI attorney for help. We have convenient Wharton and El Campo offices in Wharton County and a Richmond, Texas, office in Fort Bend County.
Mr. Wood has done some other informational videos on Texas DWI law. Those are: