What happens at a suspension hearing?
There are various ways an individual could lose their license following your DWI arrest. For a first DWI(Driving While Intoxicated) arrest, you could be facing a license suspension of up to 180 days for refusing a breath test refusal and 90 days for a failed breath test. A subsequent drunk driving conviction holds the possibility of greater suspension. In the event of a Felony DWI conviction, the accused will be facing substantially greater restrictions on his/her license, including the possibility of a driving restriction during bail and, in the event of probation, the entire period of community supervision.
Under Texas Law, a person accused of DWI is caught in a Catch-22. Your license is subject to a suspension irrespective of whether you refuse or fail the breath test. Most of the time, when an accused is arrested for DWI, the arresting officer informs him that his license will be automatically suspended, and will take his drivers license card. You should know that nothing in the law if automatic. Even if the officer seizes your driver’s license card, this doesn’t mean that your privilege to drive is terminated. You have the right to a hearing with the State Office of Administrative Hearings before any suspension takes place.
DPS Administrative (ALR) Hearings
For every DWI case Chernoff Law handles, we also defend our clients at license suspension hearings. At the hearing the DPS (Department of Public Safety) is required to prove the officer who stopped you had reasonable suspicion to stop and probable cause to believe that you were driving while intoxicated. Questions that must be answered include whether you were given the necessary warnings prior to being offered a breath test. In some cases your lawyer can effectively argue that the officer didn’t have reasonable suspicion to pull you over, thereby negating all evidence obtained thereafter.
Obtaining an Occupational License
In the event that we believe that your license was unjustly taken away we may appeal the decision and fight the license revocation. We do all that is humanly possible to prevent DPS from taking away your license. If you do lose your license, however, this may not mean that your are unable to drive. Contact us to speak with a Houston DWI lawyer and learn how we can help you get an occupational (essential needs) or work license.