License Suspension Hearing?
Hello, I’m F. Edward Brown, a dwi attorney, practicing criminal law in Waco, Temple, Killeen and Copperas Cove, Bell County and Coryell County, Texas. Today’s video tip dealing with DWI is what happens at your driver’s license hearing after you’ve been arrested for a DWI. When you’ve been arrested for a DWI, typically, you have 15 days to request a hearing on your driver’s license. Now, that’s if you either give a breath sample and you’re above the legal limit or you don’t give a breath sample and you refuse. The time frames are a little bit different for blood so call me and I can walk you through all those time frames.
DWI Attorney Explains License Suspension Hearing
Once you’ve requested the hearing when the hearing actually happens, it’s an administrative hearing. What does that mean? Okay, it’s not a criminal case. It’s a civil case. It’s not prosecuted by the attorneys in the county or district attorney’s office that are charging you with the criminal case of DWI. It’s handled by the attorney for the Texas Department of Public Safety. The reason that’s important is different rules apply. Different rules apply to civil cases, dwi drivers’ license hearing, driver’s license, than the criminal case.
What is required to suspend your license in Texas?
To suspend your driver’s license in Texas,typically, the department will have to prove three things. They’ll have to show:
- That there was a legal reason to stop you. In other words, if the officer says well,you were doing 70 in a 65 zone, that’s what they’re going to have to prove.
- They’re going to have to prove probable cause to arrest you. Okay, that’s one of those legal terms, right. What is probable cause? And that just means that the officer has some reasonable suspicion to arrest you based upon his interaction with you.
- Then they have to show that you were given your statutory warnings. In other words, they have to tell you that you have to give a breath sample or a blood sample, and then you either did give the sample and you’re above the legal limit or you refused to give the sample.
So it sounds fairly easy for them to get to those three levels. I can tell you that ALR hearings are not easy. They’re complicated. They’re special rules that apply, special ways that we have to make sure that we have the officers appear.
This is what I do for a living. My practice in DWI defense, I know how to get the officer to the hearing. I know the questions that we need to be focusing on each individual case. And, ultimately, what your criminal dwi attorney is trying to do is to build a good defense for the DWI. That’s it for today’s video tip. My phone number is 254-634-2587. If you have questions, pick up the phone and call me. If you’ve been, or someone you love has been arrested for a DWI, it is absolutely critical that we do the Drivers’ license hearing. Thanks for watching.