There are a number of very valid reasons to consult Houston ALR lawyers after you have been charged with DWI in the state of Texas. When you are charged with DWI, you are essentially facing two cases—your criminal DWI charges and your Administrative License Revocation Hearing through DPS. It can be exceptionally beneficial for you to have Houston ALR lawyers by your side throughout both experiences. Once you are placed under arrest for suspicion of DWI, you have fifteen days in which to request an ALR hearing; if you miss that deadline, your license will automatically be suspended, beginning on the 41st day after DPS received notice.
The Importance of the ALR Hearing
Many people feel the ALR hearing is not all that important, however as Houston ALR lawyers can attest to, this hearing is actually of paramount importance. Houston ALR lawyers are able to hear the evidence against you and present their own version of events during the ALR hearing. Your Houston ALR lawyers will speak directly to the Administrative Judge who will hear both sides before making a ruling. The ALR hearing is meant to provide a fair, impartial venue in which the state and your Houston ALR lawyers can present their evidence. Should the Judge’s decision be in your favor, DPS must return your Texas driver’s license to you. If the results of the ALR hearing were not in your favor, your Houston ALR lawyers have the right to appeal, in which case you have another 90 days before your license will be suspended.
Taking Advantage of the Experience of Houston ALR Lawyers
Although you could, conceivably, file the request for an ALR hearing, attend the hearing and defend your case on your own, it likely makes much better sense to take advantage of the knowledge and experience of Houston ALR lawyers. Houston ALR lawyers are well-versed in the hearing process; they know what to expect, what questions to ask, and what defense to present. The ALR hearing also gives Houston ALR lawyers an opportunity to get a “feel” for the case which will be presented at your criminal trial. The burden of proof at your ALR hearing is on the state of Texas; the state must prove there was reasonable suspicion for the traffic stop and probable cause to arrest you. DPS must further prove you were offered the opportunity to give a specimen of breath or blood, after being notified verbally and in writing of the consequences of refusing such tests.
Should the officer who arrested you fail to appear at your ALR hearing, then any documents signed by him are considered inadmissible. If the officer appears, your Houston ALR lawyers have the right to cross-examine him under oath regarding his assertion of reasonable suspicion and as to whether he followed all proper procedures during your stop and arrest. The transcript of the ALR hearing may be used by your Houston ALR lawyers during your DWI criminal trial, and should the officer change his story in between the two, his testimony can be impeached. Overall, having Houston ALR lawyers by your side during your ALR hearing may lead to a better outcome in your ALR hearing as well as your criminal DWI case.