Most people arrested for DWIs are surprised to learn that they have not one, but two cases after their arrest:
First one is a civil case from the Texas Department of transportation to try and take your drivers license through a ALR Hearing.
The second case is a criminal case for the crime of DWI.
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The hearing is based upon failing the breath or blood test or refusing to take them when asked, but it gives you the opportunity to contest the seizure or suspension of your license.
If you take advantage of the ALR hearing, quite often you won’t lose your license.
Keep in mind, you have only 15 days to request your hearing with the state after you have been arrested, otherwise your license will go into automatic suspension.
By requesting an ALR hearing, you force the Department of Public Safety (DPS) to prove its case against you.
The DPS must prove that the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause.
If they cannot prove either, you win by default.
You can receive a 180 day suspension if you decline to take a test upon proper request, or, if you fail a breath or blood test, you can receive a 90-day suspension of your driving privileges.
A Houston attorney who is a DWI Specialist by the National College for DUI Defense can help you navigate through this complex, often times confusing process.
Read “Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?” DWI Question that talks about the importance of hiring the right attorney for this process.
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