It can happen to almost anyone. You are driving home from a party or from dinner out and you get pulled over. The officer asks you a few questions and next thing you know you are being arrested and taken away – an awful ending to what was a great night.
Now you are charged with a DWI in Texas, but what does that mean? Of course there will be criminal charges, but there is another aspect to your case that is just as important. In addition to the criminal process against you there will be a civil case known as the Administrative License Revocation Program. This aspect of any DWI case is where the state of Texas seeks to have your license taken away for a given period of time.
Why an Administrative License Revocation is Critical to Your Case
Few people charged with DWI in and around the Dallas area grasp the importance of the civil side of a DWI case. Properly dealing with a the ALR case against you is crucial for several reasons.
Retaining your license is important so you do not lose the ability to go to work, run errands, take the kids to school, etc. The truth is that we use our cars for nearly everything we do, particularly in Texas where public transportation is not as a highly developed as in other areas.
Because the case to take away a license is civil, it comes with discovery powers that the criminal case does not involve. A DWI defense attorney will ensure that the arresting officers are present and required to testify at your case. This will establish a record by the officers of what happened, their version of events, and the facts of the case.
The value of getting police officers on the record at a the ALR hearing cannot be understated. At this point in the DWI process there will now be several instances where the police are on record as to what happened during your DWI arrest. This will give your attorney the opportunity to scrutinize and use those records on your behalf in the criminal process at hearings or trial to prove your case.
Administrative License Revocation Process
There are two different ways to get your license suspended under the ALR process – refusing to take or failing a blood or breath test of the amount of alcohol in your system. Producing a blood alcohol content of more than .08 is considered failing. When one of these two things happens, the police will automatically take your license and give you a temporary permit that expires after 40 days. It is at that point that your license suspension begins.
Anyone in this situation can request a hearing to contest the legality of your license suspension. It is important that anyone charged with a DWI request this hearing because a license cannot be suspended until the state proves at the hearing that on the night of your arrest:
- The police had reasonable suspicion to pull you over
- There was probable cause that you were intoxicated and therefore lawfully arrested
- That the process of getting your blood or breath test was followed according to the law
- That you refused to take or failed the test
It is important to ensure that all of the arresting officers and officials involved with your case are present to establish their record.
As you can see, there is much more to the process of a license suspension after DWI than anyone might suppose. That is why it is so important to be represented by qualified, talented DWI defense counsel from the very beginning of your DWI case. At The Wilder DWI Defense Firm we handle every aspect of your case and are able to defend your case from arrest to trial. Contact us so we can evaluate your case and provide you with the defense you deserve.