Upon conviction for DWI in McKinney, you must pay a significant fine and potentially spend time in jail. You may also lose your driver’s license for up to two years, depending on the nature of your drunk driving offense.
In fact, the prosecutor does not have to get a criminal DWI conviction for you to lose your license. You could lose your license based on a drunk driving arrest alone. To reinstate your license after the suspension period, you must pay a fee as high as $2,000, and you must pay another $2,000 per year for a total of three years after your DWI, just to keep your license in good standing.
Having a DMV hearing lawyer to represent you will ensure the protection of your legal rights and help you achieve the best possible outcome at your hearing.
Why Do I Need a DMV Hearing Lawyer in McKinney?
After you get arrested for drunk driving, you will face two separate legal proceedings about your case: a criminal action for DWI charges and a civil (administrative) action to determine the disposition of your driver’s license.
The civil proceeding called the Administrative License Revocation (ALR) or DMV hearing, has little bearing on your criminal trial. The criminal proceeding does not influence the DMV hearing in any way. In fact, the prosecutor could drop your criminal case entirely and you would still have to go through the DMV hearing process and potentially lose your license even if the state fails to convict you.
This is only one reason having a DMV hearing lawyer – like Attorney Randall B. Isenberg of the Law Offices of Randall B. Isenberg – is so important.
Our legal team will be there to protect your constitutional rights throughout the process. We will schedule your hearing and prepare you to give your sworn testimony, to ensure that you do not implicate yourself in any way.
But, most important, we will fight tirelessly for your right to keep your driver’s license. You rely on your license for getting back and forth from work. In fact, many clients have no other means of getting to work. You also rely on your driver’s license for getting to doctor’s appointments, the bank, and the grocery store.
The hardship created by losing your license can be overwhelming. Our legal team will do everything possible to enable you to keep your driving privileges. We can also petition the court to grant you an occupational driver’s license, which permits you to drive, legally, for work and necessary personal matters. We can even appeal your license suspension, if necessary.
How Does the DMV Hearing Process Work?
When you apply for a Texas driver’s license, you agree that you will never
- Fail a chemical test for blood alcohol concentration (BAC)
- Refuse to take a chemical test for BAC
These agreements refer to both the Breathalyzer and blood testing for BAC. So, when the police pull you over for drunk driving, they will administer a field sobriety test. If you fail the test, the police will confiscate your driver’s license and issue you a “Notice of Suspension Temporary Driving Permit.”
This form allows you to drive legally for only 15 days from the date the police issued it. Within that period, you must request a hearing to contest the suspension of your license. If you fail to request a hearing, the Texas Department of Public Safety (DPS) will suspend your license.
An administrative law judge will preside over your DMV hearing, during which the arresting officer in your case will present sworn testimony regarding your arrest. You will also testify under oath. At the conclusion of the hearing, the judge will rule regarding the suspension of your license based on the testimony presented.
How will my DMV hearing lawyer help me?
When you choose the Law Offices of Randall B. Isenberg to represent you during the ALR hearing process, you can rest assured that we will be there for you every step of the way, protecting your legal rights and fighting for your right to keep your driver’s license.
And, in many cases, we may discover critical information during the DMV hearing that could help improve the outcome of your criminal DWI case.
Ways Our DMV Hearing Lawyers Can Help You
Schedule Your DMV Hearing
If you fail to schedule your hearing within the statutory 15-day period, or if you fail to include any of the required information when requesting your hearing, you may relinquish your right to plead your case.
Prepare You for Testimony
The prosecutor can use any testimony you give during the DMV hearing against you in your DWI case. Our team will prepare you for your testimony and ensure that you do not make any self-incriminating statements.
Question the Arresting Officer
The DMV hearing is our team’s first opportunity to hear the evidence the prosecution has against you. Because the police must deliver their testimony under oath, we will have the chance to question the arresting officer regarding critical aspects of the case. From this testimony, we may learn critical information that will help us build a stronger criminal defense case or even negotiate with the prosecutor to get your DWI charges reduced or dismissed.
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Present Evidence at the DMV Hearing
If the police did not have reasonable suspicion to pull you over, or if the arresting officer lacked probable cause for arresting you, we can present supporting evidence at the ALR hearing. This may help convince the ALR judge that your case requires validity.
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Appeal a Driver’s License Suspension
If the judge decides to suspend your license – or if DPS already suspended your license – our team can appeal that decision.
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Petition the Court for an Occupational License
If you lose your driving privileges, we can petition the court on your behalf for an occupational license. This provisional license allows you to drive legally to work or school as well as tend to critical personal matters such as the bank, medical appointments and grocery shopping.
Schedule a Free Case Review with a DMV Hearing Lawyer in McKinney
Choosing the right DMV hearing lawyer to represent you can help relieve much of the stress and pressure involved in this process.
Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, has more than 30 years’ experience in the Texas criminal justice system and his cases get results. He served as both a chief felony prosecutor and a state district judge, giving him unique insight into how the system works and how the prosecutor will build their case against you.
We offer a complimentary case review to DMV hearing clients in McKinney. We can answer your questions, help you explore your options, and explain how we can help you achieve the best possible outcome in your case.
Call us today at 214-696-9253 to schedule your free consultation with a DMV hearing lawyer in McKinney.