In Texas, it is against the law to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. If you get arrested for driving while intoxicated (DWI), you will face fines, jail time, and license suspension. Even if you are not convicted of DWI, you can still lose your license. To get it reinstated, you will have to plead your case at something called a DMV hearing.
Your performance and preparedness at this hearing will heavily influence the outcome. A DMV hearing lawyer in Irving, TX can help to ensure that you get your license back promptly. Whether you lost your license due to a DWI conviction, or refusal to submit to a breath or blood test, the legal team at the Law Offices of Randall B. Isenberg can help. Call us today at 214-696-9253 for a free and confidential consultation about your case.
Driving While Intoxicated in Irving, Texas
Even first-offense DWIs are treated harshly in Texas. This is particularly true if aggravating factors, such as an excessively-high BAC (over 0.15 percent) or having a child in the car, were involved. A first-offense DWI charge can be elevated to a felony in certain situations.
As with all criminal offenses, penalties for DWIs are largely dependent on the particulars of your case, but typical DWI penalties include:
- First-offense: Loss of license for up to 1 year, up to $2,000 in fines, and up to 180 days in jail.
- Second-offense: Loss of license for up to 2 years, up to $4,000 in fines, and up to 1 year in jail.
- Third-offense: Loss of license for up to 2 years, up to $10,000 in fines, and up to 10 years in prison.
You may also have to pay a yearly fee of up to $2,000, for three years, to have your license reinstated.
Implied Consent Violation
As an implied consent state, Texas requires that anyone stopped on probable cause of DWI must submit to BAC testing. Refusal to do so carries an automatic license suspension of 180 days. It is important to note, even if you are not convicted of DWI, the 180-day suspension still applies.
If your license is to be suspended for violation of implied consent, the state will send a notice in the mail. Once you have received this notice, you have 15 days within which to request a DMV hearing. It is important that you follow the stated timeline if you wish to have your license reinstated. A DMV hearing lawyer in Irving, TX can help you plead your case to get your license back.
What to Expect at the DMV Hearing
The DMV hearing is formally known as the Administrative License Revocation (ALR) hearing. A civil proceeding, separate from any criminal DWI hearings, the DMV hearing is held to determine whether or not your license can be reinstated. You must attend your DMV hearing if you want to get your license back, even if your criminal charges were thrown out.
At the DMV hearing, both sides will have an opportunity to present their case. The arresting officer will typically share his/her account of what happened the night of your arrest, and you will be given a chance to respond. Your DMV hearing lawyer in Irving, TX can also speak on your behalf. The Administrative Law Judge who hears your case will issue a ruling, but this decision may not come for several weeks.
If the ruling is not in your favor, you can apply for a provisional license or appeal the decision with the Texas Department of Transportation. A DMV hearing attorney can position you for the best possible outcome and help to protect your rights. If you decide to appeal the unfavorable decision, it is in your best interest to have legal counsel by your side.
How an Irving, Texas DMV Hearing Lawyer Can Help
A DMV hearing lawyer in Irving, TX is your best line of defense against DWI charges and your best chance at getting your license reinstated after a DWI or implied consent violation. In addition to helping you prepare for the hearing by giving advice on how to present yourself and what to expect, your attorney will be able to roleplay with questions and answers and speak on your behalf at the hearing.
Our DWI defense team knows how to create a compelling defense, and how to find weaknesses in the prosecution’s case. We will gather pertinent evidence and fight tirelessly to get your charges reduced or dropped entirely. If your license has been suspended, we will represent you at your DMV hearing so that you can get your license back and get on with your life.
Contact the Law Offices of Randall B. Isenberg Today.
We know how devastating a DWI can be, both personally and professionally. We also understand that people make mistakes. As a former prosecutor and trial judge, Randall B. Isenberg understands how the other side thinks. Our firm has an impressive track record of getting clients’ charges reduced or dismissed. In many cases, alternative sentencing options are available for individuals charged with DWI.
Do not let a suspended license wreak havoc on your life. Our dedicated team of DWI defense lawyers will do everything possible to get you back on the road so that your life in Irving, TX can return to normal. Contact us today at 214-696-9253 for a free and confidential consultation about your case.