If you face charges for driving while intoxicated (DWI) in Allen, you might be subjected to the suspension of your driver’s license in addition to fines and jail time. You could lose your license for up to two years and, once your suspension ends, you must pay a substantial surcharge to have your license reinstated.
A DMV hearing lawyer in Allen, TX from the Law Offices of Randall B. Isenberg can fight to help you keep your license or use evidence from the DMV hearing to help strengthen your criminal DWI case. Call 214-696-9253 today for a free consultation and case review.
How the DMV Hearing Affects You and Your Criminal DWI Case
Upon your arrest for DWI in Allen, the police confiscate your driver’s license and issue you a temporary driving permit. This triggers the DMV hearing process, known officially as Administrative License Revocation (ALR).
ALR proceeds separate from your criminal case. This is an administrative (civil) proceeding overseen by the Texas Department of Public Safety (DPS). This process decides the disposition of your driver’s license.
This proceeding affects you in two ways:
Driver’s License Suspension
The purpose of the DMV hearing is to determine whether DPS suspends your license as well as the duration of the suspension (if applicable). Your license represents your freedom in a driving-oriented community like Allen. If you cannot drive, you may struggle to get around due to the limited options for public transportation that are common throughout Texas. Losing your license, even for six months or a year, can prevent you from earning a living, getting an education, or even buying groceries.
Criminal DWI Case
In addition to determining whether you lose your license, the DMV hearing also has the potential to influence your criminal DWI case. You have the right to present a case at the hearing, which means you have a right to review the evidence the DPS lawyers will use against you.
This is the same evidence the prosecutor will use against you in your criminal case. If your legal team has the ability to review this evidence now, they can use it to help strengthen your drunk driving defense strategy.
A DMV hearing lawyer in Allen from the Law Offices of Randall B. Isenberg can represent you through the ALR process, fight to protect your license, and improve the outcome of your criminal DWI case.
How a DMV Hearing Lawyer in Allen, TX Can Help You
The DMV hearing lawyers and legal team at the Law Offices of Randall B. Isenberg work diligently to protect your legal rights and your right to drive. When you trust us to represent you, we provide services that include:
Preparing for the DMV License Suspension Hearing
From the date of your arrest, you have 15 days to formally request an ALR hearing. If you miss this deadline, DPS will suspend your license automatically. Unfortunately, the instructions for scheduling your hearing are somewhat convoluted and complex. Our legal team handles the scheduling of your hearing and can confirm all of the arrangements.
Allen DMV Hearing Lawyer Near Me (214) 696-9253
Building a Compelling Case
Our legal team investigates your case and obtains evidence to support your defense. We analyze your arrest and processing to identify and document potential errors and legal rights violations. We request all evidence held by DPS and subpoena the arresting officer and any other witnesses to testify at the hearing. All information we obtain helps us improve our defense strategies for your criminal case as well as for the DMV hearing.
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Representing You at the DMV Hearing
At the DMV hearing, we present your case to the judge. We question the arresting officer and any other witnesses under oath to help make your case. In the event that your hearing results in the suspension of your license, we can appeal that decision through multiple levels of the court system.
If necessary, we can also petition the court to grant you an occupational license. This provisional license permits you to drive your vehicle for work purposes, for school and school-related events, and for attendance at necessary personal business.
Throughout this process, we will be there to support you. We answer your questions, explain your options, and provide updates about your case.
Potential License Suspension Penalties Resulting From the DMV Hearing
The length of your potential driver’s license suspension depends on three factors:
- Your prior criminal record
- The nature of your criminal DWI charges
- Aggravating factors
The duration of your suspension ranges from six months to two years. For your first DWI, the judge may only suspend your driving privileges for six months. However, if you had an open container in your car or a passenger under the age of 15, you can expect a longer suspension.
If you refused to submit to chemical testing for blood alcohol concentration (BAC), you will face the longest possible suspension. If your BAC tested at 0.15 or above, you will also receive the maximum suspension.
If the court grants you an occupational license, you must install an ignition interlock device in your vehicle at your own expense.
At the end of your suspension, you cannot get your license back until you pay a surcharge to DPS. You must pay this surcharge, ranging between $1,000 and $2,000, each year for a total of three years.
Free Case Review for Your Allen DMV Hearing
The Law Offices of Randall B. Isenberg understands the importance of your driver’s license and the freedom it represents. We will fight for you at the DMV hearing and work hard to help ensure you can keep your license.
With more than 35 years of experience in the Texas criminal justice system, Attorney Randy Isenberg has unique insight into how the legal process works. He brings that knowledge and experience to your case, assisting our legal team in crafting the strongest possible case on your behalf.
We offer a free consultation and case review to answer your questions and explain how a DMV hearing lawyer can help your case. Contact us today at 214-696-9253 to get started.