Just because you have been arrested for DWI in Houston and refused the Texas DWI breath test or failed the breath test DOES NOT mean you are going to automatically lose your license.
When arrested, you should have been given a form titled NOTICE OF SUSPENSION -TEMPORARY DRIVING PERMIT. This is your driver’s license for now and you are legal to drive while carrying that piece of paper. In order to have a chance to save your license though, WE MUST GIVE NOTICE TO DPS THAT WE WANT TO FIGHT THE SUSPENSION WITHIN 15 DAYS OF THE ARREST If we do not notify DPS, your license will be suspended on the 41st day after your arrest.
Our Houston DWI Attorney saves more licenses than many other Houston DWI lawyers. Over half of our clients arrested for a Houston DWI avoided license suspension in the last year. Many Houston DWI attorneys do not even bother trying to fight license suspension for their clients.
In the event of a license suspension resulting from a Houston DWI arrest, we successfully obtain court-ordered permission for almost every client to drive (occupational license) for work or school-related purposes.
The Administrative License Revocation Hearing
Following an arrest on suspicion of driving while intoxicated, the defendant typically has fifteen days to request an administrative license revocation (ALR) hearing to protect his or her driving privileges. If a defendant fails to request a hearing, he or she may lose their driving privileges for 40 days following the arrest.
An experienced DWI attorney can explain the legal process and help defend your rights following a DWI arrest. The immediate revocation of driving privileges following such an arrest can have a serious impact on your personal and professional life. For assistance with your ALR hearing or DWI defense, contact a Houston DWI lawyer.
The ALR Hearing
During the ALR hearing, the Department of Public Safety will attempt to prove that they have fair grounds for revoking your driver’s license. Typically, they must show one or more of the following:
- You had a blood alcohol content of at least .08 while operating the vehicle
- The officer had justifiable reasons to believe you were intoxicated while driving
- If testing was refused, the officer should show that he or she requested testing
- You refused to submit to alcohol testing
If the judge finds that the evidence shown during the ALR hearing is insufficient to suspend your driving privileges, your license may be returned to you. If the evidence was sufficient to justify the charges, your driving privileges may be immediately revoked.
Losing your Driving Privileges
If you have been charged with driving while intoxicated (DWI), you have 15 days from the date of your arrest to schedule an administrative hearing to prevent the loss of your driving privileges. The administrative process is separate from your criminal case. At the hearing, information regarding your drunk driving arrest and the charges against you will be reviewed. An attorney can be present to represent your rights and interest, interview witnesses, and challenge any evidence that is presented. If you fail to schedule or attend the hearing, your license will automatically be suspended. You will also face license suspension if you refused to take a breath or blood test at the time of your arrest. A Houston DWI lawyer from the firm can provide aggressive representation at your hearing.
An arrest for DWI can carry serious penalties, including:
- Incarceration
- Fines
- Restitution
- Court-ordered alcohol or drug counseling
- Vehicle impoundment
- Mandatory installation of an ignition interlock device
- Driver’s license suspension
Cases involving a high blood alcohol concentration (BAC), a minor in the car, or a DWI auto accident with injuries are usually filed as a felony. The attorney from the firm will move forward immediately to identify the best course of action to defend you against the charges you face, and the defense strategy will include the vital issue of addressing the hearing regarding your legal right to drive.