When facing DWI charges in University Park, you face substantial fines, potential jail time, and a driver’s license suspension. To fight the suspension of your license, you must attend a DMV hearing.
Having a DMV hearing lawyer in University Park on your side can help you keep your license, but it can also help strengthen your criminal drunk driving case.
The Importance of the DMV Hearing
When the police charge you with drunk driving, it triggers the DMV hearing process, known as Administrative License Revocation (ALR). The DMV hearing is important for two reasons:
It Determines the Disposition of Your Driver’s License
Your DMV hearing will determine whether the Texas Department of Public Safety (TxDPS) will suspend your license and, if so, for how long. You depend on your license to get to work or school and to handle important personal business such as grocery shopping, personal banking, medical appointments, etc. We will fight to keep your license in your hands.
It Can Influence Your Criminal DWI Case
As important as the DMV hearing is for fighting to keep your license, it is also relevant to your criminal case.
It offers our legal team our first glimpse into the strength of the prosecutor’s case, as TxDPS uses some of the same evidence in arguing for suspending your license as the prosecutor will use against you in court. Having access to this evidence gives us direction and helps us build the strongest possible defense on your behalf.
These two factors make a compelling case for why you should consider having a DMV hearing lawyer on your side after a DWI arrest.
The Importance of Having a DMV Hearing Lawyer
When you choose the Law Offices of Randall B. Isenberg to represent you at your DMV hearing, we will work to protect your legal rights and build the strongest possible case on your behalf.
Our services include:
Scheduling Your DMV Hearing
You have only 15 days from your arrest to request a DMV hearing. If you fail to request a hearing, you will lose your right to make a case against license suspension. Our legal team will handle scheduling your hearing, so you do not lose this important right.
Investigating and Documenting Your Case
We will investigate your case and obtain evidence that benefits you for both the DMV hearing and your criminal case. Just as we can use any mistakes made by the police or violations of your legal rights in court, we can potentially use the same information to argue against license suspension. Through the legal discovery process, we will also obtain the evidence TxDPS plans to use against you in the DMV hearing.
Making a Strong Case Against License Suspension
We will present evidence and testimony to the judge, making the strongest possible case against license suspension. If the judge rules for license suspension, we can appeal the decision. We can also request that the court issue an occupational license, which allows you to drive back and forth to work, school, and for important personal errands.
Strengthening Your DWI Criminal Defense
The prosecutor can use any testimony you provide during the ALR hearing against you during your criminal DWI proceeding. Our team will prepare you for your hearing to help ensure you do not make any incriminating statements or provide the prosecution with anything they can use against you.
Compelling Witness Testimony
Typically, TxDPS will submit the arresting officer’s report as the primary evidence in support of suspending your license. However, we can subpoena the officer to appear at your hearing and give sworn testimony instead. This allows your lawyer to question the officer under oath and obtain critical information we may not otherwise have.
The ALR process is complex and requires that you adhere precisely to the steps required to protest the suspension of your license. Our legal team will handle the entire process from beginning to end, providing you with the best chance for a favorable outcome.
DMV Hearing License Suspension Penalties
The potential duration of your driver’s license suspension will depend on the following factors:
- Any prior DWI arrests you may have
- The type of drunk driving charges you face
- Any aggravating factors surrounding your case
A first-offense DWI comes with a potential suspension of up to one year. Subsequent offenses and aggravating factors could extend your potential suspension to a maximum of two years. If you refused to submit to testing for blood alcohol concentration (BAC), TxDPS will pursue the maximum possible suspension.
Once your suspension period ends, you must pay a surcharge to restore your license. You must also pay an annual surcharge to keep your license in good standing, for a total of three years.
Free Case Review with a DMV Hearing Lawyer in University Park
Having an attorney to represent you at the DMV hearing offers many significant benefits.
Criminal defense attorney Randall Isenberg has more than 30 years of experience in the Texas criminal justice system as a judge, felony prosecutor, and lawyer. He understands the importance of the DMV hearing to both sides of your case. Our legal team will work tirelessly in your defense, fighting for your future.
To learn more about how a DMV hearing lawyer in University Park can help you, contact us today for your free consultation: 214-696-9253.