After a DWI arrest, a DMV hearing will determine whether you lose your driver’s license. Losing your license, even for a few months, can affect your ability to go anywhere.
A DMV hearing lawyer in Grand Prairie can help. A lawyer can protect your legal rights and represent you at the hearing to make a strong case against suspension.
Call the Law Offices of Randall B. Isenberg today for help: 214-696-9253.
What Is the Purpose of a DMV Hearing?
The Texas Department of Public Safety (TxDPS) oversees the ALR process, which proceeds separately from the criminal aspect of your DWI case. The purpose of ALR — part of which is the DMV proceeding — is to determine whether TxDPS will suspend your license and, if so, for how long.
Even if your criminal case falls apart (e.g., if the prosecutor drops the charges or the court dismisses the case), the ALR hearing process will move forward.
The justification for this comes from the terms and conditions associated with obtaining a Texas driver’s license. When you get your license, you agree to take a blood alcohol concentration (BAC) test upon the request of the police or TxDPS officers. If you fail the test or if you refuse to submit, TxDPS reserves the right to suspend or revoke your license.
What Is the Process for a DMV Hearing?
After officers arrest you for driving while intoxicated, the officer will confiscate your license and issue you a form called the Notice of Suspension and Temporary Driving Permit. This form allows you to legally drive for 15 days and provides instructions on how to request your DMV hearing. The form also explains the details of the ALR process.
You must request your hearing by mail or by filling out a hearing request form on the TxDPS website. Once TxDPS schedules your hearing, it will notify you by mail, using your address on record. It can take up to 120 days to respond.
If you have a new address, or if TxDPS does not receive your response or schedule the DMV hearing for some reason, you will not receive the response in time to keep them from suspending your license. You may also have no way to know when your hearing will take place.
You must appear at the site of the hearing, on the appointed day and time, and provide testimony under oath. The police officer who arrested you will also appear, and give testimony for why the judge should rule to suspend your license.
After the hearing, you will receive the judge’s decision by mail.
How Can a DMV Hearing Lawyer Help You?
In both your criminal DWI proceeding and your DMV hearing, you have no obligation for legal representation. However, having a DMV hearing lawyer on your side will help protect your legal rights and help you fight for the best possible outcome in the ALR process.
Even before the hearing itself, your lawyer can schedule your hearing directly and confirm the date and time with you immediately — rather than having to wait for notification in the mail.
Because a judge conducts the DMV hearing using the same legal constructs and rules of evidence as a criminal proceeding, you can inadvertently incriminate yourself, or otherwise compromise your legal rights. Having a lawyer represent you will help to ensure that you do not say anything that the prosecutor can use against you at trial.
We can help protect your driver’s license, potentially convincing the judge to not suspend your license or to shorten the duration of your suspension. And, if the judge does rule to suspend, your lawyer can assist you in petitioning the court for a provisional license. A provisional license allows you to drive to work or school, go on important personal appointments, and handle important errands such as going to the grocery store and the bank.
But perhaps the most compelling reason to have a DMV hearing lawyer relates to your criminal DWI case.
The ALR hearing is the first chance for you and your lawyer to get a look at the prosecution’s evidence in your case. And, because the arresting officer must testify under oath, your lawyer can take advantage of this to question the officer and hear more about your arrest and processing.
This can provide your lawyer with a strategic advantage for building your DWI defense. And, if it appears the officer made any mistakes or violated your legal rights, your lawyer can use this information to negotiate with the prosecutor for a reduction or dismissal of your charges.
Meet with a DMV Hearing Lawyer in Grand Prairie Today
Before making any decisions about your criminal case or DMV hearing, take the time to talk with a lawyer about your options.
The Law Offices of Randall B. Isenberg would like to offer you a complimentary consultation and case review. This will give you the opportunity to ask questions and make a more informed decision for your future. Call us today at 214-696-9253 to schedule your appointment with a DMV hearing lawyer in Grand Prairie.