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Why an Attorney for DWI in Texas?  Why 15 days?

Q: What impact does a Driving While Intoxicated (DWI) arrest/conviction have on my driver’s license and driving privileges?

A: Many people are unaware that hand-in-hand with an arrest for DWI in the State of Texas is the issue of dealing with the suspension of your driver’s license. At the time of an arrest for DWI, a law enforcement officer will physically confiscate your driver’s license. It will be replaced with a Notice of Suspension, along with a 40-day temporary driving permit.

It is your responsibility to request an Administrative License Revocation (ALR) hearing within 15 days of the date on the Notice of Suspension.

If you do not request a hearing, the suspension automatically goes into effect on the 40th day after the Notice of Suspension was served, and depending on a number of factors – including whether you are a minor, refused to provide a breath or blood specimen, prior police contacts, or if you did provide a specimen which registered over the legal intoxication limit – your suspension can range from 60 days to 2 years.

If you do request an ALR hearing, it will be conducted by a State Office of Administrative Hearings (SOAH) Administrative Law Judge (ALJ) (a government hired employee). The Department of Public Safety has the burden of proof, (only by a preponderance of the evidence) and at the end of the hearing the ALJ determines whether your license is suspended or not. If the ALJ does suspend your driver’s license, you will likely need to pursue an occupational driver’s license to obtain permission to drive to and from work.

Therefore, it is best to stick to your limits or designate a driver when drinking alcohol to avoid a DWI arrest. As you can see, it’s not just a simple ticket. An arrest for DWI has a broad impact on your freedom, finances, and driving privileges. However, it is important to remember that just because someone is accused of the crime of DWI, it does not mean they are guilty. And the constitution and legal system affords every American the right to an attorney and the right to a legal defense when presented with such charges.

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