After an arrest for drunk driving in Plano, will you lose your driver’s license? You might, depending on how your DMV hearing goes.
Having a DMV hearing lawyer in Plano to represent you is the best way to ensure the protection of your legal rights. But, more importantly, an attorney can give you the best chance of avoiding a license suspension.
The Law Offices of Randall B. Isenberg provides professional representation for Texas DWI clients, both for the criminal portion of the process and for the DMV hearing. Contact us today for help at 214-696-9253.
Why do I have to attend a DMV hearing?
In Texas, DWI charges involve two independent processes: the criminal proceeding where you must respond to the state’s charges, and an administrative (civil) process that determines the disposition of your driver’s license.
The DMV hearing, also known as the Administrative License Revocation (ALR) hearing, proceeds independently of the criminal aspects of your case, and neither component has any effect on the other.
In fact, even if the state drops the charges against you, or if you beat them in court, this hearing goes on as normal, with a driver’s license suspension as a very possible outcome.
How does the ALR process work?
When you obtain a Texas driver’s license, it constitutes an agreement between you and the Texas Department of Public Safety (TxDPS).
Essentially, you agree that you will not drive while intoxicated and that, upon request, you will submit to chemical blood alcohol concentration (BAC) testing. If you violate this agreement, TxDPS can suspend or revoke your license.
When an officer arrests you for DWI, she will take your driver’s license and issue Form DIC-25, Notice of Suspension and Temporary Driving Permit. This form provides the information necessary to schedule the DMV hearing and serves as your temporary permit to drive. You have 15 days to request this hearing. If you do not request a hearing within the 15-day period, your suspension will go into effect 40 days after your arrest.
How do you request a DMV hearing?
To request a hearing, you must follow the instructions provided on the DIC-25 form. Your options for making this request include submitting an electronic form on the TxDPS website or sending your request by mail.
Once you submit or mail your hearing request, TxDPS will not contact you until it schedules your hearing or rejects your application. TxDPS requests that you allow 120 days for a response.
If TxDPS does not receive your request for a DMV hearing within the specified period, or if your request contained any errors, you will lose the opportunity to argue your license suspension or present evidence in your defense.
If TxDPS schedules your hearing, they will advise you of the date, time, and location.
When the DMW hearing team at the Law Offices of Randall B. Isenberg handles your case, we will check that TxDPS received your application and ensure there are no errors it can use to reject your application.
What happens at the DMV hearing?
DMV hearings take place at one of the Texas Office of Administrative Hearings field offices or in the Plano courthouse.
During the DMV hearing, both you and the arresting officer — and anyone else with evidence to present — will testify under oath in front of an administrative law judge. Once all parties have presented their evidence, the judge will issue a decision on whether TxDPS will suspend your license.
In most cases, you will receive the judge’s decision by mail after the hearing.
Why do I need a DMV hearing lawyer in Plano?
Although TxDPS does not require that you have legal representation for the DMV hearing, there are many reasons to bring your lawyer.
Before, during, and after the DMV hearing process, your lawyer will provide several invaluable services, including:
- Scheduling Your DMV Hearing. This may include submitting the formal request for hearing, confirming the date and time of your hearing, and keeping you advised of the relevant details.
- Protecting Your Legal Rights. The state can use any testimony you give can during the DMV hearing against you in your criminal case. Your DMV hearing lawyer will prepare you for the hearing and ensure that you do not make any incriminating or damaging statements.
- Helping You Keep Your License. You rely on your license to get to work, to appointments, and more. Your DMV hearing attorney can defend you during the hearing to avoid or minimize your suspension. If necessary, your lawyer can appeal an unfavorable decision or help you obtain a restricted license.
- Discovering State’s Evidence. Your DMV lawyer will use the ALR hearing to determine what evidence the prosecutor has against you. This will be invaluable for helping your attorney build a case for your defense. Your attorney will also have a chance to question the arresting officer under oath. This can reveal potential weaknesses in the state’s case.
Schedule a FREE consultation with a Plano DMV hearing lawyer today.
Finding the right DMV hearing attorney can make the difference between keeping your driver’s license and facing a harsh suspension.
And, because you will also have to face your criminal charges around this same time, your lawyer can leverage the hearing to build a stronger case in your defense.
Randall Isenberg offers more than 30 years’ experience, including time as a state district court judge and a felony prosecutor. This provides invaluable insight that Randall can use to your advantage.
Contact the Law Offices of Randall B. Isenberg today to schedule a complimentary consultation with a DMV hearing lawyer in Plano: 214-696-9253.