About the DPS Hearing
Being charged with a DWI offense in Texas necessitates two separate hearings: a criminal hearing and an administrative hearing conducted by the Department of Public Safety (DPS). The purpose of a DPS hearing is not to determine whether you are innocent or guilty of a criminal act, nor is it to hear testimony from live witnesses. Rather, the DPS hearing serves to determine the status of your driving privileges and the circumstances under which you were arrested (whether you were driving, if you were stopped illegally, and if you submitted to a breath alcohol test).
If you refused to undergo a breath test after being informed of the consequences, your license suspension could be considerably longer after the DPS hearing than if you had submitted to the test. If you are facing DWI charges, your first step should be contacting a Houston DWI attorney right away to find out more about how the DPS hearing will affect you.
Depending on the outcome of the DPS hearing, your license may be revoked, or you may receive an administrative license suspension. You may also be permitted to keep your license with or without certain restrictions. These penalties are determined by factors such as your age (if you were driving or drinking underage) and whether you have any prior DWI convictions. If the outcome of your DPS hearing is favorable, you may be able to protect your driving privileges until your criminal court date at which time you may be able to keep your privileges if you are successful in that arena.
DPS Hearing Defense
If you are facing DWI charges, having a team of capable and dedicated DWI defense lawyers on your side is a must. At the firm of Chernoff Law, we will work tirelessly to research every aspect of your case so we can get you the most favorable outcome in your DPS hearing. One of our partners is board certified in criminal law, which means that we have the experience and knowledge you need to successfully navigate both your DPS and criminal hearings. We understand the importance of preserving your driving privileges and of having a solid defense in criminal court. We want to utilize our extensive knowledge of Texas DWI law to assist you with your DWI charge today.