If police arrested you for drunk driving, you have a short time to appeal your driver’s license revocation. A DMV hearing lawyer in Fort Worth can help. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a case evaluation, and we can take care of the Department of Motor Vehicles — known in Texas as the Department of Public Safety (TxDPS) — appeals process for you.
Even more than fines or jail time, a driver’s license suspension can have a major effect on your everyday life after a Fort Worth DWI arrest. If you refuse to submit a breath, urine or blood sample, face drugged driving charges, or test over the legal limit for alcohol, you face an automatic driver’s license suspension. This suspension, known as the Administrative License Revocation (ALR) program, may last as little as 90 days or as long as two years.
Why is it important to request an ALR hearing?
ALR is an administrative process that occurs independently of the criminal charges against you. This means you could lose your license even if the courts eventually drop the charges against you. The only way to fight this type of revocation after a DWI arrest or BWI arrest is to request a hearing and present evidence to prove your innocence.
If you refuse to take a breath or blood test, register over the legal limit of 0.08 percent on a breath or blood test, or fail a field sobriety test, you face an automatic license suspension under the ALR program. During your arrest, the officer will notify you of this suspension, confiscate your license, and issue you a temporary driving permit. You have 15 days from your arrest to request an ALR hearing.
Because of this short time to request a hearing, it is imperative you call us as soon as possible. We need as much time as possible to schedule your hearing and begin preparing your defense. If we miss this deadline, your license revocation period begins 40 days after your arrest. During the revocation period, you cannot drive for any reason.
What can I expect during the ALR hearing and appeals process?
After we request your ALR hearing in Fort Worth, you will receive a letter with the time and date of your hearing. This date is sometimes up to four months away, but you do not have to worry about the suspension during this time. Your temporary permit allows you to drive until the administrative law judge rules on your suspension.
On the day of the hearing, we will accompany you to the State Office of Administrative Hearings or another location named in the notification letter. The TxDPS presents its case against you and we present the defense we have prepared.
After your hearing, the judge will issue an official decision via mail. If the judge sides with TxDPS, we can appeal the decision if we have a good reason. Sometimes, we are successful in this hearing, and the judge decides there is not enough evidence to revoke your license and the ALR process ends.
What can I do if the administrative law judge revokes my driver’s license?
We understand the important role your ability to drive plays in your career, education, and family life. If the judge sides with TxDPS, we can explore your eligibility to get an occupational license.
Sometimes referred to an essential need license, an occupational license is a restricted driving permit that allows you to drive to work or school, or to perform essential household duties such as grocery shopping or taking your children to school.
The process to get this type of license is not easy, and waiting periods may apply in some cases. Our first stop to getting you an essential need license is filing a request with the Justice of the Peace. In this request, we explain why an occupational license is essential for you to keep your job, finish your education, or continue normal family duties.
If the Justice of the Peace decides you qualify for an occupational license, it issues a court order requesting TxDPS grant you the permit. You can begin driving immediately using the court order for proof of licensure. This is only good for a short period, so we need to work to complete the remaining steps and get your official permit from TxDPS as soon as possible.
Why do I need a Dallas-Fort Worth DWI attorney for my ALR hearing?
Because your driver’s license is so important to many aspects of your life, you want to do everything possible to protect your driving privileges. We always encourage our clients to challenge the administrative revocation. This is especially true if the case against you is weak. Having a skilled DWI defense attorney on your side throughout this process can play a key role in pointing out holes in the case against you and presenting the administrative law judge with a compelling argument in your favor.
In the best-case scenario, we can represent you in your ALR hearing and prevent the suspension of your driver’s license. Even when this is not possible, we can help you file for an occupational license and take other steps to limit the impact of your DWI arrest. Of course, we can also investigate your case and formulate a strong defense strategy to fight the criminal charges against you.
Speak to a DMV hearing lawyer in Fort Worth today for FREE.
At the Law Offices of Randall B. Isenberg, our team has the skills and experience necessary to help you navigate the necessary administrative hearing and criminal justice process after a drunk driving or boating arrest. Call our office at 214-696-9253 to schedule a time to discuss your case and let us start working on your defense today.
