Drunk driving is one of the most common reasons for road accidents not just in Texas but in the entire United States. Hundreds of accidents are reported every month because of drunk driving. Therefore, it is one of the laws with strict implementation. DWI or Driving While Intoxicated, more commonly known as DWI often causes a driver to be in a lot of trouble.
When you get caught drunk driving, and you are beyond the limit, you can get charged for DWI. The charges and penalties may vary depending on the severity of the offense. If it is a clear violation, you may get charged for a misdemeanor; however, in cases where your drunk driving caused damage to properties, or you hurt or killed anyone, it will fall into a felony. There are different penalties based on these additional offenses. There are also other penalties that are not included in the criminal proceedings such as the ALR.
Administrative License Revocation or better known as ALR is the process by which the state Department of Public Safety requests for the suspension of your license due to drunk driving. It is an administrative process and is dealt with separately from your DWI charges. It may also come if you are caught Boating While Intoxicated (BWI) and your Blood Alcohol Concentration (BAC) exceeds the limit of 0.08. Don’t worry; the DPS may only request for an ALR if you refuse to undergo the field sobriety test or if you fail it.
At the Hearing
Once you receive a notice of suspension, you may contest it by requesting for an ALR hearing within 15 days from the receipt of the letter. Once the court gets it, you need to wait for up to 120 days for an interview. During the trial, DPS will argue their case as to why they requested for your license suspension. They need to prove that they followed protocol and confirm that you refused or failed the test. If they are not able to do so, then you will win by default.
Also read: How to Prepare for a Court Hearing
The first ground for the suspension of your license is when there is a sufficient reason for a police officer to stop you for possible drunk driving, and you refused to take the field sobriety test afterward. The test comes in two different forms; it may be through your blood or your breath.
The next ground DPS may argue on is if you have taken the test, but you failed since you exceeded the acceptable amount of alcohol in your body. When you fail, you will get charged with DWI too, so the request for suspension is separate from those charges. The range for suspension will depend on the gravity of your offense. Therefore, you need to be very careful in dealing with it since it could get worse. The best thing you can do is to learn as much as you can about it.
When any of these things happen, it is advisable for you to get in touch with an expert DWI lawyer to help you out with it. Feel free to visit us for any assistance you need.