Do I Need a Lawyer for a DMV Hearing in TX?
You can represent yourself during your appeal hearing to challenge your administrative license revocation (ALR). You do not technically need a lawyer for a DMV hearing in Texas. However, having an attorney on your side can help you build a strong argument and represent you during the hearing. If you get a citation for driving while intoxicated (DWI) or a related charge, you will automatically lose your license unless you challenge the ALR and win at your hearing.
Understanding the Administrative License Revocation
Under Texas law, everyone who receives a citation for DWI, refusal to submit, or another drunk driving-related charge automatically faces an ALR. The Texas Department of Public Safety oversees these revocations.
When the arresting officer takes you into custody, they will confiscate your driver’s license, and you will receive a permit that allows you to drive for the next 40 days or until a decision is made following your hearing.
This revocation is separate from the criminal charges against you. If you do not request a hearing, this revocation will go into effect 40 days after your arrest regardless of your criminal case. You can never face charges or win your criminal case and still have to serve an ALR. You will also face other penalties if convicted, including an additional license suspension.
Fighting a License Suspension
When the arresting officer gives you the temporary permit, known as a Notice of Suspension and Temporary Driving Permit, the paperwork will include the steps you need to take to request an ALR hearing. You only have 15 days following your arrest to request a hearing and challenge the ALR.
Your ALR hearing will be a civil hearing with an administrative law judge presiding. During the hearing, both you and the arresting officer will present evidence and testify about the circumstances and facts of your case. If you have an ALR suspended license lawyer on your side, it can make a difference.
Although you do not need a DWI attorney who regularly handles ALR hearings will not only know what to expect, but they can help you build a strong case and represent you during the hearing and throughout the whole process.
We Encourage Our Clients to Challenge the ALR
At the Law Offices of Randall B. Isenberg, we almost always recommend requesting a hearing and challenging an ALR. If you have strong evidence to support your case, you could win your ALR hearing and avoid serving this type of penalty. But you do need a lawyer for a DMV hearing in Texas to have the best chance of winning.
Even when we cannot stop your ALR in this type of hearing, there are some reasons why challenging the revocation is a good idea, including:
- It may extend the time you have before your revocation goes into effect.
- It allows us to try out our case and see how it works with a judge.
- It gives us a sneak peek of the prosecution’s evidence against you.
- We get to hear how the arresting officer will testify in court.
- We may be able to identify weaknesses in the prosecution’s case that will strengthen our case.
If we represent you during your ALR hearing, we will take notes about what happens, the evidence presented, and how the case against you takes shape. This allows us to tweak your case as needed to make it as strong as possible.
If necessary, our team can help our clients petition for an occupational license. This type of license permits drivers with a license suspension or revocation to continue driving. With an occupational license, you can drive to and from work or school, as well as a limited number of other locations.
Enlist the Help of a Texas DWI Attorney
Attorney Randy Isenberg has more than 30 years of experience representing those facing charges. In addition to being a criminal defense attorney, Isenberg is also a former prosecutor and state district judge. Along with his team at the Law Offices of Randall B. Isenberg, he knows how to navigate the Texas DWI process and fight for the best possible outcome in your case.
While you do not need a lawyer for a DMV hearing in Texas, our team from the Law Offices of Randall B. Isenberg can help you every step of the way after a stressful and serious Texas DWI arrest. This includes explaining your options, challenging your ALR, designing a strong defense strategy, and representing you during criminal proceedings.
Call us today at 214-696-9253 to learn more about how we can help you fight Texas DWI charges, as well as your ALR.