Need to Fight the Suspension of Your Texas Driver License?
Contact Houston Defense Attorney Tad Nelson Today!
If a person is arrested for Driving While Intoxicated (DWI) in the State of Texas he or she will be confronted with two cases. Obviously, an arrest for DWI will result in criminal charges, and possible fines and/or jail time and probation.
However, most drivers do not realize that, once arrested for DWI, the State of Texas will immediately initiate a civil proceeding designed to suspend your driver’s license, regardless of the state of issuance.
This proceeding is called an Administrative License Revocation Hearing or ALR Hearing, and is handled through the Texas Department of Public Safety (DPS).
An ALR suspension is initiated against a driver if he or she either refuses a breath/blood/chemical test upon their arrest; or alternatively if he or she fails the test.
Tad Nelson is Very Knowledgeable About the Proceedings
According to the Texas Transportation Code (§724), each person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for DWI if provided with a proper request by law enforcement that included the consequences of refusing.
This means that, if you drive a vehicle on a public roadway, you have implied that you consent to a breath/blood/chemical test if asked to do so, at anytime, anyplace. This law not only encompasses DWI, but also Boating While Intoxicated and also affects the flight status of a certified pilot through a tandem agreement with the Federal Aviation Administration.
IMPORTANT: The ALR suspension is automatic, meaning that your license will be suspended in accordance with your offense if you do not request a hearing within 14 days of your arrest.
Common Law Enforcement Practices and How to Respond
It is a common practice of law enforcement to tell an arrested driver that he or she MUST agree to take a breath/blood/chemical test or their license will be immediately suspended. This is 100% incorrect, and it is done intentionally in order to force, mislead, or intimidate the driver into submitting to these tests. Seldom, if at all, is the arrested driver informed of his or her right to challenge the license suspension in a court of law.
Most law enforcement officials familiar with the DWI laws in the State of Texas know that a failed breath/blood/chemical test makes it much easier to prosecute, and will do everything in their power to get you to submit to these tests.
Upon refusal or failure of the test, a police officer is required to hold your driver’s license (if issued in the State of Texas), and immediately issue a temporary driving permit that is valid for 40 days from the arrest date.
In order to preserve your right to drive, you must request an ALR Hearing in order to challenge the suspension in court. By challenging the suspension, you will preserve your temporary right to drive, even if the hearing is held after the expiration of your temporary license.
IMPORTANT: The ALR suspension is automatic, meaning that your license will be suspended in accordance with your offense if you do not request a hearing within 14 days of your arrest.
At the time of your arrest, you are usually served with a written notice of your suspension. If you submit your request for a hearing within the prescribed 14-day period, than you will preserve your right to drive until the Administrative Law Judge either rules in your favor or authorizes the DPS to suspend your driving privileges.
If the judge rules against you, a good Houston DWI lawyer can sometimes prevent the driving suspension by filing an appeal.
The Houston DWI attorneys at The Law Offices of Tad Nelson & Associates believe it is always best to retain experienced legal counsel to handle your Administrative Law Revocation hearing request.
Although an aggressive ALR defense may not prevent the DPS from suspending your license, it will assist Houston DWI lawyer Tad Nelson in providing opportunities to enhance your chances for success in the criminal phase of your trial.
