After an arrest for drunk driving in Denton, you risk losing your driver’s license for as long as two years, depending on your record and the circumstances of your case. Once your suspension period ends, you must pay a reinstatement fee to restore your license.
Losing your license can make it difficult or impossible for you to get to your job, the grocery store, the bank, the doctor’s office, or even to court.
A DMV hearing can help you fight a suspension. Having a DMV hearing lawyer on your side will ensure the protection of your legal rights and help preserve this important privilege.
The Law Offices of Randall B. Isenberg can help you with both the criminal aspect of your drunk driving case as well as the DMV hearing. Call us today at 214-696-9253 to talk to a DMV hearing lawyer in Denton at no cost.
What Is a DMV Hearing?
When you get arrested on DWI charges in Texas, several things happen. As your criminal charges proceed through the court system, you will receive notice of a suspension of your driver’s license. Under the state’s administrative license revocation (ALR) process, anyone arrested for a DWI will have their driving privileges revoked for a period of 90 days to two years.
The only way to keep your license is through a DMV hearing. The Texas Department of Public Safety (TxDPS) oversees the hearing, which takes place in civil court before an administrative law judge.
The DMV hearing goes forward independently of the criminal process, even if the prosecutor drops the charges against you or if a judge dismisses your DWI case.
The basis for the DMV hearing begins when you get your driver’s license. A condition of issuing your license is an agreement that you will not drive while intoxicated and that you consent to undergo chemical testing for blood alcohol concentration (BAC) if ever a police officer should request it.
Any violation of this agreement gives TxDPS the right to revoke your license.
How Do I Schedule a DMV Hearing?
At the time of your arrest, the police will seize your license and issue a form known as the Notice of Suspension and Temporary Driving Permit.
This form gives you the legal right to drive for a 15-day period. During this time, you must submit a formal request for your DMV hearing. You can do this by mail or online. If you do not request a DMV hearing with that 15-day period, you will lose your license. TxDPS will revoke your driving privileges 40 days after you received your notice of suspension—no matter what has transpired in your criminal case.
The process for scheduling the DMV hearing poses a challenge for many clients, as TxDPS traditionally responds in writing to the address on your driver’s license. If you have moved but forgotten to update your address, you may never get confirmation of your hearing.
If you select the Law Offices of Randall B. Isenberg to represent you, our legal team can request a DMV hearing for you before time runs out. We will then follow up to determine the date, time, and location of your hearing and ensure you appear as required.
How Does a DMV Hearing Work?
The State Office of Administrative Hearings (SOAH) will determine the location of your DMV hearing. It should be somewhere in or around Denton.
Although this process may appear less formal than a criminal court proceeding, the DMV hearing uses the same legal procedures the criminal court does. The court will swear in witnesses and any testimony given will be under oath.
During your hearing, the officer who arrested you will appear and give sworn testimony about your arrest. You will also give sworn testimony, as will any other individuals with relevant information to share with the judge.
After all parties give their testimony, the judge will determine—either at the conclusion of the hearing or a later date—what will happen to your license. If the judge decides after the hearing, TxDPS will notify you of the decision by mail.
How Can a Lawyer Help Me?
When you have the Law Offices of Randall B. Isenberg on your side, you will have answers to all your questions. You will understand your options and how each option will affect your ability to get to work or school, run important personal errands, and take care of your life’s most important business.
In addition to getting your DMV hearing scheduled, our legal team will represent you during the proceedings. The prosecutor can use any testimony you give during this proceeding against you in your criminal case. We will help ensure that you understand the implications and prepare you so that your testimony does not incriminate you in any way.
Our team will make the strongest possible case on your behalf, to help preserve your right to keep your license. However, if the judge does elect to suspend your license, we can file an appeal and make a strong case for issuing you an occupational license.
The DMV hearing can also provide us with invaluable information and insight into the prosecution’s evidence for your criminal case. We will use this information to help us build the strongest possible case for your defense in court. In fact, we can use any potential weaknesses or violations of your legal rights to negotiate with the prosecutor for a reduction or dismissal of the charges.
How Can Meet With a Lawyer in Denton for Free?
The Law Offices of Randall B. Isenberg offers free consultations and case reviews for DWI and DMV hearing clients in Denton. This gives you the opportunity to ask questions and make informed decisions about your future.
Attorney Randall B. Isenberg has more than three decades of experience in the criminal justice system. He can put that expertise to work for you, to help ensure the best possible outcome in your case.
Call 214-696-9253 today to schedule your no-cost, no-obligation appointment with a DMV hearing lawyer in Denton.