If you are arrested and charged with DWI (driving while intoxicated) in Lewisville, you face the following penalties:
- A first DWI offense is punishable by 3 days to 6 months of jail time with no mandatory minimum time
- A second DWI offense is punishable by 30 days to 1 year of jail time with a minimum of 3 days’ incarceration, if convicted
The guidance and direction of a Lewisville DMV hearing lawyer may be able to help you minimize the damage of a DWI arrest or conviction and retain your driving privileges. Contact the criminal defense team at the Law Offices of Randall B. Isenberg by calling (214) 696-9253 today.
How a DMV Hearing Impacts Your Arrest for DWI
If a police officer suspects you of driving while intoxicated, they can pull your vehicle over and request that you take a blood alcohol concentration (BAC) test. When you are pulled over and arrested for DWI, one of two things can happen.
First, you can refuse to submit to a BAC test. If you do refuse to take the test, or if you submit to the test but fail it, your license will be automatically suspended, and the arresting officer will keep your driver’s license. They will provide you with a notice of suspension and a temporary driving permit, according to the Texas Department of Public Safety guidelines.
If you are arrested and your license is seized, you have up to 15 days from the date of your arrest to request a DMV hearing. This hearing is your opportunity to protect your driving privileges after your arrest. Our team can help by preparing you for and representing you at this hearing.
How a DMW or ALR Hearing Works
When you are arrested for DWI and your license is taken, you can request a DMV or ALR hearing. According to Texas Department of Public Safety information, at a DMW hearing, you can expect to wait as long as 120 days (up to four months) for your request to be processed and your hearing to be scheduled. You will receive notice of the date, time, and location for your DMV hearing.
At the hearing, an Administrative Law Judge will hear, review, and evaluate evidence from all involved parties. The judge will make a final decision based on the evidence presented that either suspends or restores your license. If the judge finds that the case against you has been proven, they will suspend your license. If the judge finds that the state has not proven its case against you, your license will be reinstated.
You do not have to attend this hearing alone. To find out how a Lewisville DMV hearing lawyer may be able to represent you at your hearing and help you fight to retain your driver’s license, review the details of your arrest with a member of our case review team. You can contact the Law Offices of Randall B. Isenberg immediately by calling (214) 696-9253 today.
Potential Penalties of a Suspended License
If you decide to schedule and attend a DMV hearing on your own, you should be aware of the possible penalties you face if the Administrative Law Judge rules against you and your license is subsequently suspended. According to the Texas Department of Public Safety guidelines, potential suspension times if you refused to take a BAC test are:
- First DWI: 180 days
- Second or subsequent DWI: 2 years
To fail a BAC test in Lewisville, your BAC must be 0.08 or higher, according to Sec. 49.01 of the Texas Penal Code. Your BAC can be tested using your blood, breath, or urine. The potential suspension times if you submit to and fail a BAC test are:
- First DWI: 90 days
- Second or subsequent DWI: 1 year
Potentially limit the possibility of a long-term suspended license by reviewing the circumstances surrounding your arrest and the evidence available for your DMV hearing with a lawyer in Lewisville. Our team may be able to help you mitigate the damage and start over with a fresh opportunity and a valid driver’s license.
How Our Team Fights For You
You are allowed to have legal representation when you attend your DMV hearing. When our team represents you at that hearing, we start working on building your case long before your hearing date arrives. In the time it takes to schedule your hearing, our team may:
- Subpoena critical witnesses, including the arresting officer and others who may help support your case to retain your license
- Request evidence, including your arrest record for the day in question, your previous driving history, and any footage (including dash cam footage), if available
- Question the validity of the method used to test BAC and the results of any BAC testing
We may also help by preparing you to give testimony at the hearing that supports your case and prevents you from making potentially damaging statements. We fight hard for our clients to potentially help you avoid a suspended license and get your life back on track as quickly and seamlessly as possible.
Call the Law Offices of Randall B. Isenberg Today
When you are arrested for suspected DWI, you will have the chance to schedule a DMV hearing to fight against the suspension of your driver’s license. This hearing is the opportunity you need to keep your driving privileges and avoid a plethora of negative legal, criminal, and financial consequences. When you are represented by a Lewisville DMV hearing lawyer from our team, we work hard to minimize the potential damage and secure the best possible outcome for you. Contact the DWI defense team at the Law Offices of Randall B. Isenberg by calling (214) 696-9253 today.