If you or a loved one were arrested on driving while intoxicated (DWI) charges, the penalties could be severe. Not only could you be facing criminal penalties that include fines and jail time, but you could also be subject to a civil proceeding to determine the fate of your driver’s license afterward.
You do not have to face this stressful situation alone. Let a DMV hearing lawyer in Arlington, TX help protect your rights and build a strong case in your defense. Call the Law Offices of Randall B. Isenberg at 214-696-9253 for a free consultation.
DMV Hearings in Texas
Officially known as an Administrative License Revocation (ALR) hearing, your DMV hearing is separate from your criminal charges and will proceed even if the case against you does not. Even if your DWI charges are dismissed, the Texas Department of Motor Vehicles may still decide to suspend your driver’s license for a period of up to two years.
Why Your DMV Hearing Matters
Your DMV hearing is vital for several reasons:
- It gives you the chance to make a case for keeping your license.
- It provides you with the opportunity to arrange for an occupational license, which permits you to drive to certain places like school or work.
- It gives your defense insight into the prosecution’s case against you.
An attorney who knows how to win a DMV hearing in Texas can help you make the most of these opportunities. Call the Law Offices of Randall B. Isenberg at 214-696-9253 today for a free evaluation of your case.
Situations That Result in a License Suspension
All Texas drivers agree only take the wheel when their blood alcohol content (BAC) is below the legal limit and to comply with any BAC tests that are requested of them by law enforcement.
Drivers can find themselves facing a license suspension for:
- Driving while legally intoxicated. The statutory definition of legally intoxicated depends on the details of your case.
- Minors under the age of 21: BAC higher than 0.00 percent
- Adults with commercial driver’s licenses (CDL) operating a commercial vehicle: BAC 0.04 percent or higher
- Adults with standard driver’s licenses: BAC of 0.08 percent or higher
- Violating implied consent. Any driver who refuses to submit to a BAC can have their license suspended regardless of whether they are ultimately charged with DWI.
These are not the only situations that can result in a license suspension. If you or a loved one are facing a driver’s license suspension for any of the above reasons, a DMV hearing lawyer in Arlington may be able to help you get it back.
You Have to Request Your DMW Hearing Formally
When a police officer charges you with DWI and takes away your driver’s license, you are given a temporary driving permit, and the clock for appealing the loss of your license officials starts ticking down.
You must request an ALR hearing within 15 days to contest your license suspension. This can be done by mail or online, after which you will be notified of the date of your hearing.
What to Expect at Your DMV Hearing
All ALR hearings are overseen by an administrative law judge who has the final say on the outcome. An attorney for the state will be present to push for your license suspension, and you are allowed to have a DMV hearing lawyer to present your side of the argument, too.
After listening to sworn testimony and reading through the evidence, the judge will decide whether to uphold your license suspension or allow it to be reinstated.
Ways to Win Your DMV Hearing
Although the details of every case are unique, the prosecution always bears the burden of proof. Typically, this means they must establish the following:
- The police had a legal reason to pull you over in the first place.
- The police had a legal reason to arrest you.
- The police upheld your legal rights during your arrest.
- You drove a vehicle in a public place with a BAC that exceeds the legal limit, OR you violated implied consent by refusing a reasonable BAC test.
You can dispute the prosecution’s evidence during your DMV hearing by presenting elements that contradict their account and introduce reasonable doubt.
How a DMV Hearing Lawyer in Arlington Can Help
Attorney Randall Isenberg has more than 30 years of experience, and his career as a prosecutor and judge has given him a deep understanding of the strategies that will be used against you. He knows how the other side will think, what they are looking for, and how to craft a strong defense that protects your rights.
Here are just a few of the ways our team can help you with your DMR hearing:
- Request documents. We can ask for evidence and documents like the police report, videos, and more.
- Prepare statements. The prosecution can use any of your sworn testimony against you later. Our team can help you avoid making incriminating statements during your hearing.
- Issue subpoenas. We can force the arresting officer to be present at your hearing, which guarantees that we will be able to question their account of the incident directly.
Call the Law Offices of Randall B. Isenberg Today
If you or a loved one are facing a license suspension, a DMV hearing lawyer in Arlington can help protect your rights and fight for your license back. Call the Law Offices of Randall B. Isenberg for a free, no-obligation consultation.
