An arrest for driving while intoxicated (DWI) in Frisco, TX, can result in the loss of your driver’s license — even if you never get convicted of the charge. To get your license back after a DWI arrest, you must attend a DMV hearing and plead your case. Your performance at this hearing will determine whether you will be driving or walking. A DMV hearing lawyer in Frisco, TX can help you keep your license.
At The Law Offices of Randall B. Isenberg, we fight for people accused of DWI in Frisco, TX. Our dedicated attorneys can help you beat the charges, get your life back, and avoid the brutal consequences that come with a DWI conviction in Texas, including jail time, fines, and loss of license. We offer a free consultation and case evaluation. To make an appointment today, call us at 214-696-9253.
A Frisco, TX, DWI and Your Driver’s License
Under Texas law, you can lose your driver’s license for a DWI conviction, even if it is your first offense. A first-offense DWI is a Class B misdemeanor, but certain aggravating factors can push it up to a Class A misdemeanor or a felony. These include having a blood-alcohol content (BAC) over 0.15%, having previous DWI convictions, and carrying a minor passenger in your vehicle.
The penalties for a first-offense DWI include:
- Up to 6 months in jail
- A fine of up to $2,000
- Loss of driver’s license for up to 1 year
- A fee of up to $2,000 per year for 3 years to reinstate your license
Texas is also an implied consent state. This law requires you to submit to BAC testing when a law enforcement officer has probable cause to make the request. Refusal leads to automatic driver’s license suspension, usually for 180 days. Because this suspension is not for DWI but for violating the implied consent law, it will stand even if you do not get convicted of DWI.
If the state decides to suspend your license for DWI or violation of implied consent, it must send you a letter making you aware of this fact. Upon receiving the letter, you have 15 days to request a DMV hearing at which you can plead to keep your license.
The DMV Hearing and Why It Exists
The DMV hearing, formally called the Administrative License Revocation (ALR) hearing, is a civil proceeding overseen by the Texas Department of Transportation. It takes place separately from your criminal trial for DWI. The purpose of this hearing is to determine the status of your driver’s license going forward.
Regardless of what happens with your criminal case, you must attend your DMV hearing if you want to retain your license, and you need to present a strong case at the hearing for why it should not be suspended. A DMV hearing lawyer in Frisco, TX from The Law Offices of Randall B. Isenberg can help you with this process. We have a strong track record of advocating for clients at DMV hearings and helping them retain their drivers’ licenses. For a free consultation, call us at 214-696-9253.
Scheduling a DMV Hearing
If your license gets suspended for DWI or violation of implied consent, the notification form you will receive from the Texas Department of Transportation is called Form DIC-25. The officer may serve you with it at the time of your arrest, or you may receive it in the mail in the days that follow. On the form, you will find instructions on requesting a hearing by mail or online.
You must fill out this form correctly. Any errors, even minor ones, may result in the Texas Department of Transportation denying your request for a hearing, in which case you will lose the right to argue to keep your license. It is a good idea to sit down with an attorney when filling out the form and requesting a hearing.
What Happens at the DMV Hearing
When your hearing date arrives, an administrative law judge (ALJ) will conduct the hearing, allowing both sides to provide testimony and present evidence. The officer who arrested you will likely be there and will give their side of the story. You will have the chance to respond, and you can bring a lawyer to speak on your behalf.
Following the hearing, the judge will consider the evidence presented by both sides and will rule on your case, though it might take days or weeks to receive notification of the decision.
If the decision is not favorable, you can appeal it with the Texas Department of Transportation. You can also apply for a provisional license, which allows you to drive to work and school and for necessary household errands. A DWI hearing lawyer serving Frisco, TX from The Law Offices of Randall B. Isenberg can help with either of these actions.
How a Lawyer Can Help You Win Your DMV Hearing
A DMV hearing lawyer in Frisco, TX can give you the best chance of emerging from the hearing with your driving privileges intact. Your lawyer will have been through many DMV hearings in the past and can coach you on what to expect. You can roleplay with your lawyer the types of questions you will likely be asked, and how you should respond — remember, you will be under oath.
Your lawyer will be present at the hearing itself and can put forward a compelling defense on your behalf. If the other side presents evidence against you, your lawyer can respond to it and minimize its impact.
For a free case evaluation with The Law Offices of Randall B. Isenberg, call 214-696-9253 today.
Schedule a Free DMV Hearing Consultation in Frisco, TX — Call The Law Offices of Randall B. Isenberg at 214-696-9253
If you are facing the loss of your license over a DWI in Frisco, TX, The Law Offices of Randall B. Isenberg can help you fight to keep it at your DMV hearing. To schedule a free consultation today, call us at 214-696-9253.