Did you know that you do not have to lose your license if a police officer arrests you for driving while intoxicated (DWI)?

Many people do not realize that two trials occur for a DWI case:

• The Administrative License Revocation (ALR) Hearing
• The Criminal Proceeding

After your arrest, you must request an ALR hearing and find proper representation from a DWI lawyer so you can fight your license suspension.

Read on to discover what you need to know about ALR hearings in Texas.

Should I Request an ALR Hearing?

You can get a DWI for operating any motor vehicle—including cars, bikes, and even boats—if an officer arrests you for a DWI, your blood alcohol level is over 0.08, or you refuse to allow them to test it.

After a DWI, Texas law automatically suspends your license for at least 90 days and up to two years, depending on prior charges and your offense.

Luckily, you have the chance to fight this suspension with an ALR hearing. If you request the hearing within 15 days of your arrest, you can keep your driver's license until the date of your hearing and fight to keep it afterward.

If you do not request a hearing, you will lose your license on the 41st day after your arrest.

What Will a DWI Defense Lawyer Do?

DWI cases are not as clear-cut as many people assume. Often, your case may involve multiple factors that make it hard for the Texas Department of Public Safety (DPS) to prove that you were operating the motor vehicle while intoxicated.

DWI defense attorneys understand the evidence that DPS needs to revoke your license and can help you fight to keep it.

First, if your blood alcohol level was over 0.08, DPS must verify that:

• The officer who pulled you over had reasonable suspicion to do so
• Your alcohol level was above 0.08 while operating the vehicle

If you refused a blood or breath test, DPS must verify that:

• The officer who pulled you over had reasonable suspicion to do so
• The officer had reason to believe that you were under the influence
• The arrest procedure followed all Texas law mandates
• The officer asked you to take the test, and you refused

Your attorney can utilize many scenarios around these laws to build your defense. For example, you may be able to win your case:

• If there was no probable cause: If the officers did not have probable cause to pull you over or did not have any reason to suspect you were under the influence, you might be able to win. Often, officers conduct a field sobriety test to determine suspicion.
• If you were not operating the vehicle: If DPS cannot prove that you operated the vehicle while under the influence, you can claim that you drank alcohol without driving. This scenario often occurs if the officer finds someone asleep behind the wheel of a stopped car.

What Are the Benefits of Hiring a DWI Defense Attorney?

Losing an ALR battle is much easier than winning. If you were behind the wheel with a blood alcohol content above the legal limit, you need a plethora of evidence to prove your innocence.

A DWI defense attorney can examine your case, collect evidence, represent you in court, and do everything in their power to fight for your license.

For example, suppose the officer arrested you when you were in a stopped car. In that case, your DWI lawyer can collect witnesses to verify that you were not driving, prove whether or not the vehicle was drivable, and question the officer before any prosecutors brief them as they would before a criminal hearing.

A DWI Attorney Answers FAQs

The legal matters surrounding ALR hearings can get complicated. Let us answer some common questions.

• What's the difference between a DUI and DWI? In Texas, A DWI refers to driving while intoxicated, while a DUI refers to driving under the influence as a minor under 21 years old. As far as penalties for your license, Texas law treats these terms the same.
• Is timing important for ALR hearings? Yes. You must request the ALR hearing within 15 days of your arrest. Otherwise, you will lose your license after 41 days.
• Are DWIs only for alcohol? No. A DWI refers to driving under any influence, including alcohol and drugs.

A DWI Lawyer Near Me in Austin and Central Texas

After being arrested for a DWI, you should immediately contact a DWI lawyer to represent your case and protect your rights in court.

As a former prosecutor with over 15 years of experience prosecuting criminal cases, criminal defense attorney Jason S. English knows how the other side operates and how to craft effective defenses for criminal defendants. Mr. English uses his courtroom experience and intimate knowledge of state and federal laws to choose the right legal strategy for each client. He wants to use his knowledge to help you fight against the prosecution and win back your freedom.

Schedule a call with Jason S. English and his team today by calling (512) 454-7548 or fill out the online form to discuss your Texas DWI case.

Copyright© 2022. Jason S. English Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.

Jason S. English Law, PLLC
505 West 12th Street, Suite 200 C
Austin, TX 78701
512-454-7548
https://gotbustedinaustin.com/