Houston Drivers License Revocation Attorney
Has Your Drivers License Been Revoked?
When you are charged with DWI or DUI in the Houston area you not only face criminal charges for Driving While Intoxicated, but you also face a civil hearing to have your drivers license suspended. This is called an Administrative License Revocation hearing, or ALR hearing. At this hearing the State of Texas through the Texas Department of Public Safety will try to show that you either refused the breath test, or that you failed the breath test. If you refused the breath/blood test you face a license suspension of 180 days. If you failed the breath or blood test your license will be suspended for 90 days. This is to give you the incentive to take a breath or blood test.
You Only Have 15 Days!
When you were arrested the police officer was required to give you paperwork (including what is called a DIC-25 or temporary drivers permit). What the fine print on that document states is that you have 15 days to request a hearing. If you do not request a hearing in 15 days you waive the hearing and give up your license to drive a vehicle. Under #724 of the Texas Transportation Code every person who operates a motor vehicle in the State of Texas has given his or her implied consent to take a breath or blood test upon a proper request by a law enforcement officer. Basically the law says that you have already agreed that if asked you will provide a breath or blood sample. If you don’t, your license will be suspended. If you fail, your license will be suspended.
Many times law enforcement officers will tell the driver they have to take the breath test. This is not true. The police officer is trying to coerce the person into providing evidence that could be harmful to their defense of DWI charges. Usually you will not be advised of your right to challenge the suspension in court, but you can.
Act Now! The Clock is Running on Your Drivers License!
This is very important if you want to have any chance at saving your license. Upon request of a hearing DPS is supposed to give you a hearing within 40 days. At this hearing your experienced DWI attorney can not only fight the suspension of your drivers license, but also gather useful information that can be used in your criminal case. Do not just lay down and allow the State to suspend your drivers license. Hire an experienced DWI lawyer to fight your license suspension today!