Right now, according to the Texas Department of Public Safety (DPS), you could be entering Administrative License Revocation (ALR) proceedings if:
- You refused to take a blood or breath test after being pulled over for suspicion of drunk driving.
- You took a blood or breath test, your blood alcohol concentration (BAC) level was .08% or higher, and you were driving a passenger vehicle.
- You took a blood or breath test, your BAC level was .04% or higher, and you were driving a commercial vehicle.
To maintain your driving privileges, consider working with a Mesquite DMV hearing lawyer. There are many deadlines and responsibilities that go along with this legal process. You likely do not want to take any measures that could jeopardize your ability to keep driving.
At the Law Offices of Randall B. Isenberg, we can evaluate the circumstances surrounding your case and offer defense options. Your legal team can serve as your guide as you enter the process and advise you on your options as they become available to you. To begin a free case review, call (214) 696-9253.
Insight Into License Suspension
The Texas Department of Public Safety reports that you have 15 days from the date that your suspension notice was served to request a hearing for license reinstatement. If you fail to take action within this deadline, the suspension of your license goes into effect 40 days from the date you received notice. This process can take some time. You may not receive an appointment date for your hearing for several weeks.
Your hearing will be overseen by an Administrative Law Judge, who will examine the evidence in your case to determine whether or not you should be granted the privilege to drive again. They may decide that the evidence against you does not support the allegations against you and give your license back. However, if they agree to withhold your driving privileges, your Mesquite DMV hearing lawyer can help you file an appeal of the decision.
The ALR proceedings have no bearing on the criminal charges against you. You could get your license back and still be convicted of a DWI.
What to Expect During an ALR Hearing
The Office of Administrative Hearings will oversee the hearing performed by an Administrative Law Judge.
Some of the questions that may arise during your hearing could include:
- Did the arresting officer have probable cause of believing you were driving while intoxicated?
- Was the arrest lawful?
- Did your BAC level violate the legal standard?
- Have you been charged with a DWI before?
- Did your actions result in a collision that killed or injured anyone?
The case against you will need to be built on evidence. If there is no substantial evidence that supports the suspension of your license, then you may be able to retain your driving privileges. The forms of evidence against you will rest on the details of your situation. For example, if you did not submit to a blood or breath test, the results cannot be used against you.
Ways Your Legal Team Can Dispute Your License Suspension
You might feel that your situation is hopeless. However, with a Mesquite DMV hearing lawyer, this does not need to be the case.
Some of the ways that your legal team can contest the evidence against you includes:
- The arresting officer had no probable cause when pulling you over.
- The results of the blood or breath test you took were inaccurate.
- The arresting officer did not use the testing equipment properly, yielding inaccurate results.
- The arresting officer did not explain the consequences of refusing a blood or breath test.
During the ALR process, you have options. Your Mesquite DMV hearing lawyer can advise you on measures you can take on your own behalf to promote your case’s success. To learn what they are, call the Law Offices of Randall B. Isenberg today at (214) 696-9253.
What Your Legal Team Can Do For You
Because you only have a limited time to request an ALR hearing, we encourage you to take prompt legal action. Having your license suspended can place limitations on your ability to travel to and from work, take your children to school, and carry out other vital responsibilities. If your license is ultimately suspended, and you are caught driving on a suspended license, according to the Texas Penal Code, you could be charged with a Class C misdemeanor, which could include jail time and expensive fines.
Some of the services you can expect from your Mesquite DMV hearing lawyer can include:
- Filing your hearing request within the appropriate deadlines
- Reviewing the evidence against you
- Strategizing a plan of action on your behalf
- Representing your interests during your ALR hearing
- Appealing the judge’s decision
- Addressing your questions and concerns during the legal process
Your case may require services that we have not included here.
Connect with the Law Offices of Randall B. Isenberg Today
Our lead attorney, Randall B. Isenberg, understands how ALR cases unfold. With over 30 years of experience as a state district judge and prosecutor, he can advise your legal team on how to handle your case. His criminal defense team strives to protect the rights of those who are facing the possibility of a suspended license.
We can help you if:
- You have just been issued a notice of a suspended license and want to request a hearing.
- You have already gone through the ALR process, and you want to file an appeal.
- You are in the middle of the ALR process and need legal guidance.
If you have DWI charges pending against you, you do not have to undertake this legal battle alone. You have options when it comes to safeguarding your future and wellbeing. To begin a free case review, call the Law Offices of Randall B. Isenberg today at (214) 696-9253.