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Faq what are expunctions and non disclosure orders in texas

Most people do not realize that they still have an arrest record even if their charges were dismissed, or they were found not guilty by a judge or jury. Your criminal background stays in public records. This can limit your educational, professional, and personal opportunities. A board-certified criminal defense lawyer can seek what are called expunctions and non-disclosure orders in Texas to give you a second chance in your professional and personal aspirations.

Understanding the Difference Between Expunction and Non-Disclosure Orders

An expunction (also called an expungement) will wipe your arrest record clean. Simply put, an expunction is the complete destruction of paper and digital records of your arrest and related court documents. There will be no trace of your prior criminal activity. A criminal defense lawyer in Texas can formally request an expunction if you qualify.

A non-disclosure order is known informally as record sealing. While it does not remove your arrest record, it restricts access to authorized users only. A non-disclosure order will prevent potential employers, landlords, or a college admission board from discriminating against you for prior criminal behavior.

Parties That Can Apply for Expunction in Texas

Texas law makes a distinction between people who are entitled to expunction and those who are eligible for expunction.

If you are entitled to expunction, you were:

  • Acquitted of the crime with which you were charged; or
  • Convicted of the crime with which you were charged but later found to be innocent; or
  • Convicted but later pardoned; or
  • Charged with a crime but the case was dismissed, and the statute of limitations has expired; or
  • Arrested but never charged and the corresponding waiting period has expired.

To be considered eligible for expunction, you must:

  • Have been tried and convicted at trial but later acquitted by a court; and
  • Be recommended for expunction by the prosecuting attorney

You may qualify for an expunction for both misdemeanor and felony-level crimes. An expunction and non-disclosure lawyer in Dallas, TX can tell you if you are entitled or eligible for expunction.

When You May Not Qualify for Expunction in Texas

An expunction gives you the opportunity to start fresh and to keep a clean record. However, some people or their criminal records do not qualify for this second chance. In certain circumstances, the court can deny expunction in Texas. These circumstances may include:

  • Adults who received deferred adjudication
  • Adult offenders who received probation
  • People who do not follow bail regulations (also known as jumping bail)
  • Adults convicted of a felony within five years of the date of arrest
  • People with a dismissed felony charge that has not yet expired according to its respective statute of limitations

You may also be denied for expunction if the offense you want to be expunged is part of a criminal episode and you face charges for a different crime. The Texas penal code is complex. The best way to find out if you qualify for an expunction is to call a criminal defense attorney who handles these matters.

A Non-Disclosure Order Will Protect Your Privacy

It is possible that even if you do not qualify for expunction, a criminal defense lawyer may seek a non-disclosure order. A non-disclosure record will keep your arrest record from key figures in your professional and personal life. For example, a non-disclosure order will prevent a prospective employer from seeing your arrest record.

If the court grants a non-disclosure order, your records are sealed from view for all but law enforcement and other authorized viewers. Although less permanent and comprehensive than an expunction, a non-disclosure order gives you the opportunity to start anew.

Finding a Lawyer for Expunctions and Non-Disclosure Orders in Texas

Not all law firms accept expunction and non-disclosure order cases. The Law Offices of Randall B. Isenberg has experience with expunctions and non-disclosure orders. You are invited to call our office to arrange a free, no-obligation consultation.

Our firm focuses on clients who need criminal defense representation. Attorney Randall B. Isenberg is a board-certified criminal defense lawyer by the Texas Board of Legal Specialization. He is a former chief prosecutor and state district judge with thirty years of legal experience in Texas. Randall is a recognized Criminal Defense Advocate by the National Board of Trial Advocacy.

The Law Offices of Randall B. Isenberg offers legal representation in many practice areas, including:

  • Felony DWI
  • DWI defense
  • Drug possession crimes
  • ALR hearings
  • Weapons offenses
  • Sex crimes
  • Murder and assault
  • Family violence
  • Probation violations
  • DWI marijuana

You Deserve a Second Chance

An expunction or non-disclosure order is an opportunity for you to move forward into a law-abiding and productive life. To find out if you qualify for an expunction or non-disclosure order in Texas, please call the Law Offices of Randall B. Isenberg at (214) 696-9253. Our firm is happy to schedule a free and confidential consultation.

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If you or a loved one are facing a driving while intoxicated (DWI) charge for the first time in Irving, TX, you could be looking at fines, jail time, license suspension, and other penalties.

If you or a loved one are facing a driving while intoxicated (DWI) charge for the first time in Irving, TX, you could be looking at fines, jail time, license suspension, and other penalties. Fortunately, you may be able to have those charges reduced or dismissed depending on the circumstances of the arrest.

Texas Law Relating to DWIs

In Texas, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. However, you can still be arrested if your driving is impaired even if your BAC is less than 0.08 percent.

Individuals who have never had a DWI before and whose BAC is less than 0.15 percent can be charged with a Class B misdemeanor. If your BAC was over 0.15 percent, you can be charged with a Class A misdemeanor—this carries more severe penalties.

Texas also has a zero-tolerance policy for drivers between the ages of 17 and 21. This means that having a BAC over 0.00 percent can result in a Class C misdemeanor for people ages 17 to 21.

Criminal Penalties for a First-Offense DWI in Texas

The penalties for your first DWI offense in Irving, TX, can include:

  • Up to 6 months of jail time
  • Driver’s license suspension of up to 1 year
  • Probation
  • Mandatory attendance at a drug and alcohol intervention or education program
  • A fine of up to $2,000
  • Payment of an annual fee up to $2,000 to retain your driver’s license for several years
  • The installation of a special ignition switch that will prevent you from driving if you are intoxicated

If you have been convicted of a DWI in the past or were driving with a child under the age of 15 years when you were arrested, your fines and penalties will be more severe, and you could be charged with a Class A misdemeanor or a felony. Call a DWI lawyer in Irving, Tx at 214-696-9253. We will be happy to help you get over the unpleasant events related to the DWI committed. Other factors that can influence how severe your punishment might be for a first time DWI are:

  • If your BAC was higher than 0.08 percent;
  • If there was an open container of alcohol in your car;
  • If you had a passenger under the age of 15;
  • If your driver’s license was suspended or revoked;
  • If your accident results in injuries or property damage; and,
  • If you were driving at excessive speeds.

Administrative Penalties for a First-Offense DWI in Texas

On top of the fines and penalties, you will have to pay if convicted for DWI in Irving, TX, that are administrative penalties to consider.

If you are arrested for DWI in Texas, you could lose your driver’s license even if you are not convicted or the charges are later dropped. If you submit to a field sobriety test and your BAC is greater than 0.08 percent, this license suspension could last up to 2 years. If you refuse to submit to a field sobriety test, you will face license suspension and the potential for additional penalties.

Hire a professional first offense DWI Lawyer in Irving, TX from Law Offices of Randall B. Isenberg which will help you minimize the effects and penalties for DWI.

Your Administrative License Revocation (ALR) Hearing

An ALR is an automatic sanction. It is not a conviction or punishment. You have the right to have an ALR appeal hearing, but you must act quickly to do so. You must request your ALR hearing within 15 days to avoid an automatic license suspension. You have 40 days from the date of the arrest to contest the ALR. After the hearing is scheduled, the Texas Department of Public Safety will notify you when and where the hearing will be. The hearing does not take place in a court, but you are allowed to have an attorney with you.

We recommend working with an ALR hearing lawyer. Even if we are unable to prevent your license suspension, we will get a preview of the evidence the state will use to pursue their DWI case against you later in court.

We Can Help

If you or a loved one are facing a first DWI offense in Irving, TX, call the Law Offices of Randall B. Isenberg at 214-696-9253. We will do whatever is possible to have your charges reduced and the consequences minimized so you are able to resume your life again.

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TX Penal Code Ch 71.004 – Family Violence

Texas lawmakers understand the risks that domestic and family violence situations can pose upon victims, including the children who witness or experience it. The laws under TX Penal Code Ch 71.004 – Family Violence allow courts to issue protective orders for domestic abuse or dating violence victims and mandate harsher penalties for those found guilty of these offenses. 

The legal team at Law Offices of Randall B. Isenberg understands that allegations involved in domestic disputes can be complex. Despite the allegations made, you have rights under the law, including the right to hire a criminal defense attorney who can help you fight your case. If you or someone you know needs legal help, we are ready to walk you through the legal options during a free and confidential consultation.

How TX Penal Code Ch 71.004 Defines Family Violence

You can find the legal definition of “family violence” in TX Penal Code Ch 71.004. This section outlines the types of violent crimes and actions that qualify as “family violence.” Specifically, the acts that constitute family violence include:

  • Actions that threaten physical harm or bodily injury
  • Actions that put the victim in reasonable fear of imminent physical harm or bodily injury
  • Actions intended to result in physical harm or bodily injury
  • Assault, aggravated assault, or sexual assault
  • Abuse of a child

Under TX Penal Code Ch 25, Offenses Against the Family, this could also include continuous violence against the family. These actions may fall under family violence when the victim and the perpetrator have a specific relationship. 

Relationships Determine Family Violence Cases

Texas law clarifies what relationships must exist between the victim and the alleged abuser to constitute family violence. This could include situations when the perpetrator of the violent act is:

  • The victim’s spouse 
  • The victim’s former spouse
  • The parent of a child victim
  • A blood relative
  • A foster parent or child
  • Another member of the same family or household as the victim
  • In a dating relationship with the victim

For the purposes of this law, the code defines a “dating relationship” as one that is or was ongoing and romantic or intimate in nature. The length and nature of the relationship and the frequency and type of interactions between the pair all play a role in helping courts define “dating.”

It is critical to note that there is an allowance for defensive acts under this definition. Thus, a person does not commit family violence when they take actions to defend themselves or their children during a domestic incident perpetrated by another person. 

Possible Penalties for Family Violence Crimes in Texas

Because family violence can encompass several different crimes, the penalties vary widely from a Class A misdemeanor to a first-degree felony. Under TX Penal Code Ch 12, possible legal consequences you could face following a family violence conviction include:

  • Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000
  • Third-degree felony: Between 2 and 10 years in prison and a fine of up to $10,000
  • Second-degree felony: Between 2 and 20 years in prison and a fine of up to $10,000
  • First-degree felony: Between 5 and 99 years in prison and a fine of up to $10,000

We Will Help You Fight Family Violence Accusations in Your Case

Attorney Randall B. Isenberg and the team from Law Offices of Randall B. Isenberg can help you fight accusations of family violence. We understand what it takes for prosecutors to build this type of case against you, and we can take action to dismantle their case.

Whether you acted in self-defense, the alleged victim falsely reported you, or the event was exaggerated, we can help you present your side of the story in court. We may be able to stop them from pressing charges, get your charges reduced, negotiate a plea agreement, or take other steps to get you a more favorable outcome in your case.

Attorney Randall B. Isenberg Has the Experience You Need on Your Side

With more than 30 years of experience representing those accused of crimes in Texas, criminal defense attorney Isenberg knows how to approach your case. In fact, he knows the system inside and out because he previously served as a prosecutor and state district judge.

What Our Texas Family Violence Lawyers Can do for You

If convicted of a family violence offense under Texas law, you face jail or prison time, fees and fines, and other consequences, as noted above. When you become our client, we will take on your family violence case and manage all aspects from start to finish. 

For example, we will represent you in all legal proceedings and ensure you have an attorney present if you must meet with authorities for questioning and other business related to your case. Our job is to protect your rights during due process and ensure your account of events is considered, as your future is on the line.

Our Texas family violence lawyers will do all the following for you and more as your case requires:

  • Review the facts, details, and circumstances of your case
  • Work to get the charge(s) against you dropped, reduced, or dismissed
  • Find weaknesses in the prosecution’s case against you
  • Investigate whether procedural errors were made or if the police made mistakes during your arrest
  • Gather evidence to support your account of events, including witness testimony
  • Regularly update you on the case and explain all developments fully
  • Explain all laws and answer your questions or concerns
  • Advise you of any plea offers you get and whether they serve your interests

We Want to Help You Move Forward with Your Life

This is not an exhaustive list of the services we provide, but it gives you an idea of what to expect if we work on your case. Our goal is to attain the most favorable outcome possible in your case so you and your family can put this chapter behind you and move forward. We want to review your legal rights and options with you as soon as possible during a free consultation.

Common Defenses in a Texas Family Violence Case

While allegations in family violence cases can be alarming, that doesn’t mean they are always true or tell the whole story. Additionally, defendants accused of violent acts have the legal right to offer a defense in their case. Each case is different, but these are common defenses against charges of this nature:

  • Self-defense: As noted earlier, state law allows Texas residents to use force to defend themselves against an aggressor. Legal teams that use this defense must prove with evidence that the force used against an alleged victim was justified.
  • An accident or mistake on the perpetrator’s part: Our team may be able to prove the physical contact that occurred was not intentional or knowingly done with the intent to harm the alleged victim. 
  • False accusations: The evidence in your case could prove that the domestic or family violence allegations against you are false. If the person has alleged assault, violence, or harm but isn’t telling the truth, they may have trouble keeping their story straight. A criminal defense attorney from our team will look for these inconsistencies and other clues to disprove the allegations.

The defense strategy we develop will be unique to your case. We encourage you to share any evidence you have that could help us prove your side of the story. A domestic violence lawyer in Dallas, TX, from our team, can help you build compelling arguments that support your claim based on the available evidence.

Our Family Violence Case Results Show How Hard We Fight for Our Clients

Our team takes each case we handle seriously, whether it involves a misdemeanor or felony. Here is a sampling of results we have achieved in past cases:

  • Assault Family Violence – Deferred Probation
  • Assault Family Violence Motion for Speedy Trial Granted and Case – Dismissed
  • Assault Family Violence Impede Breath – No Billed
  • Assault Family Violence Impede Breath – Reduced to a Misdemeanor
  • Assault Causing Bodily Injury Family Violence – Dismissed

Our Clients Share How Our Legal Services Have Helped Them

Our legal team works diligently to ensure each client gets the attention they deserve. We do all we can to keep their cases on track so they can focus on recovering from their legal battles. Below are some kind words past clients have left for us about how we helped them:

“There’s a reason Randall Isenberg was listed among the “Best Lawyers in Dallas” by D Magazine. He truly is at the top in his field. Having true representation by a former state district judge, with all his experience, was worth every penny I spent on my defense. I’ve seen friends sold down river by court appointed attorneys, and I thank God that I didn’t have to take that path.” – Arnold

 “Thanks Randall for getting my charges reduced. I went from facing decades in prison to probation. I can’t tell you how much that means to me, my wife, and kids. My world was destroyed, and the experience has humbled me to be the best driver I can possibly be. I’ll be happy to refer your law firm to anyone wanting an outstanding attorney.” – Erick

“I would recommend the legal services of Randall isenberg to anyone they were very professional prompt and seem to actually care about my case and handle it unconditionally. they got me 3 years deferred probation with minimal community service and fines and work out a payment plan that was very doable! These guys are very intelligent and able to do just about anything inside a courthouse!” – Client

Call Our Texas Defense Team About Your Family Violence Case

If you are facing charges in a Texas family violence case, we encourage you to seek legal representation as soon as you can. If local law enforcement accuses you or a loved one of a family violence crime, Law Offices of Randall B. Isenberg will review the case today for free. 

We represent clients in Dallas-Fort Worth, TX, and surrounding areas. Call us today at (214) 696-9253 to discuss your family violence case with a member of our team and learn more about our services.

In addition to strict laws against driving while intoxicated (DWI), Texas also has unique laws to hold drunk drivers accountable for the injuries they cause in a DWI accident. This includes intoxication assault, defined in TX Penal Code Ch. 49.07. If a passenger in the drunk driver’s car or occupant of another vehicle dies from their injuries, the driver could face intoxication manslaughter charges instead.

Understanding TX Penal Code Ch. 49.07

Under TX Penal Code Ch. 49.07, a driver commits intoxication assault when:  

  • Operating a vehicle, aircraft, watercraft, or amusement park ride while intoxicated due to drugs or alcohol, or assembling a mobile amusement ride while intoxicated; and
  • Causes an accident where someone else suffers serious bodily injury.

The statute defines “serious bodily injury” as an injury that puts the person at a significant risk of death or causes permanent impairment or disfigurement.

In general, intoxication assault is a third-degree felony. However, more significant charges are possible in some cases. These situations include:

  • If the victim of the accident was an on-duty firefighter or emergency medical services personnel, prosecutors may charge you with a second-degree felony
  • If the victim was a police officer, another peace officer, or judge working in an official capacity at the time of the accident, prosecutors may charge you with a first-degree felony.
  • If the victim suffered a traumatic brain injury or another injury that resulted in a persistent vegetative state, prosecutors may charge you with a second-degree felony.

Possible Penalties After a Texas Intoxication Assault Conviction

Under Texas law, you could face significant time in prison and have to pay a large fine if convicted of intoxication assault. According to TX Penal Code Ch 12, potential penalties associated with an intoxication assault conviction include:

Conviction of a Third-Degree Felony Intoxication Assault

  • Between 2 and 10 years in state prison
  • A fine of up to $10,000.

Conviction of a Second-Degree Felony Intoxication Assault

  • Between 2 and 20 years in state prison
  • A fine of up to $10,000.

Conviction of a First-Degree Felony Intoxication Assault

  • Life in state prison, or a sentence of between 5 and 99 years
  • A fine of up to $10,000.

As you can see, avoiding a conviction or getting the charges against you reduced may be the only way to avoid time behind bars when local police accuse you of intoxication assault and prosecutors press charges. We recommend reaching out to a Texas criminal defense attorney familiar with DWI cases and intoxication assault defense as soon as possible after your arrest. In the Dallas-Fort Worth area, you can reach our team at 214-696-9253.

Get Help with Your Intoxication Assault Defense Today

If the police arrested you for causing a DWI accident and either your passenger, the occupant of another car, or a pedestrian suffered serious injuries, you could face allegations of intoxication assault. While a DWI can cause you to lose your driver’s license and lead to a short stay in the county jail in some cases, intoxication assault is a much more serious felony charge.

At the Law Offices of Randall B. Isenberg, our team knows what it takes to fight this type of accusation. Attorney Randall Isenberg has more than 30 years of experience in criminal defense, having served as both a former prosecutor and Texas state district judge. He and his team will aggressively pursue a more favorable outcome in your case. This could include:

  • Stopping the prosecutors from filing intoxication assault charges.
  • Getting intoxication assault charges reduced or dropped.
  • Negotiating a plea bargain for a DWI charge.
  • Presenting a strong defense on your behalf in court.
  • Working with the court to negotiate a more favorable sentence.

If you face allegations or charges of intoxication assault, you do not have to try to navigate this process on your own. The team from the Law Offices of Randall B. Isenberg is here to help. Let us review your case and go to work building a solid defense on your behalf today.

Talk to a Texas DWI and Intoxication Assault Attorney About Your Case

At the Law Offices of Randall B. Isenberg, we serve those accused of drunk driving and many related charges in Dallas-Fort Worth, TX, and surrounding areas. If your DWI case turns into accusations or charges of intoxication assault or intoxication manslaughter, we can help you fight for a more favorable outcome based on the facts of your case.

Call us today at 214-696-9253 to learn more about our services or to get started right away.

In Texas, the laws related to stealing a car, truck, or other motor vehicle fall under the state’s other theft laws. Defined in TX Penal Code Ch 31.03, these laws define possible penalties if convicted based on the value of the stolen item or items. This means you could face significant consequences for stealing a vehicle, especially if it is worth more than $30,000.

Penalties may be enhanced even further if the vehicle value tops $150,000, if you carry a deadly weapon during the commission of the crime, or if you have a history of felony convictions.

Understanding TX Penal Code Ch 31.03

TX Penal Code Ch 31.03 is the state’s general theft law. Many people seem surprised to learn that Texas does not have a specific stolen car or “grand theft auto” law. Stealing a car falls under the same law as shoplifting, stealing livestock, or committing a number of other types of theft.

By definition, theft occurs when a person takes some type of property—in this case a motor vehicle—with the intent to deprive the owner of that property. This can include taking the property for a short period with the intention of returning it or never planning to return it.

Driving a vehicle that does not belong to you may fall under this definition of theft if:

  • You do not have the owner’s consent to take possession of the vehicle.
  • Someone else stole the vehicle, and you knowingly take possession of it.
  • A police officer, often in the course of undercover work, tells you a vehicle is stolen, and you knowingly take possession of it.

The severity of the charges you may face if law enforcement accuses you of grand theft auto vary depending on the value of the vehicle. In general, you could face:

  • A state jail felony if the value of the stolen vehicle falls between $2,500 and $30,000.
  • A third-degree felony if the value of the stolen vehicle falls between $30,000 and $150,000.

Potential Penalties for a Grand Theft Auto Conviction in Texas

Under TX Penal Code Ch 12, you could face serious consequences if convicted of theft. This is especially true if the court finds you had a weapon with you or if you have a criminal history. Possible penalties for grand theft auto in Texas include:

Third-Degree Felony Grand Theft Auto

If they convict you of a third-degree felony, you could face two to 10 years in a state prison. You could also face a fine not to exceed $10,000.

State Jail Felony Grand Theft Auto

If they convict you of a state jail felony, you could face six months to two years in a state jail and a fine not to exceed $10,000.

It is important to note that a charge listed as a state jail felony may actually draw a sentence more in line with a third-degree felony in some cases. Most commonly, this occurs if you had a deadly weapon and exhibited or used it during the theft or if you have a history of felony convictions.

Attorney Randall B. Isenberg Can Fight Texas Grand Theft Auto Charges

Attorney Randall Isenberg can help you pursue a favorable outcome in your Dallas-Ft. Worth-area grand theft auto case. Isenberg has been a criminal defense attorney for more than 30 years and is also a former prosecutor and state district judge. He knows how the prosecutors in your case will work to collect evidence against you, and he will counter it with a strong defense.

He will investigate the circumstances that led to your arrest, listen to your side of the story, and take aggressive action to try to:

  • Prevent you from facing charges.
  • Get the charges against you reduced or dropped.
  • Prove mistaken identity.
  • Prove you had permission to take the car.
  • Work out a plea deal.
  • Pursue another favorable outcome in your case.

You can reach someone from the Law Offices of Randall B. Isenberg about your auto theft case today.

Talk to a Texas Grand Theft Auto Attorney

The criminal defense team from the Law Offices of Randall B. Isenberg serve clients facing allegations or charges in Dallas-Fort Worth, TX, and surrounding areas. We can review your case and help you build a strong defense strategy in your grand theft auto case. Call us now at 214-696-9253 to get started.

Faq can i refuse a breathalyzer or blood test in irvine tx

In Irving, Texas, upon the state’s issuing you a driver’s license, you give your implied consent to a breathalyzer or blood test if you are arrested for driving while intoxicated (DWI). That said, before an arrest, in Irving, Texas you have the right to refuse any blood alcohol concentration (BAC) tests via breathalyzer or blood test, as well as any field sobriety tests.

If you refuse a breathalyzer or blood test in Irving, Texas after your arrest, law enforcement must respect your refusal, but it comes at the price of some rather stiff penalties.

Finally, there are certain situations where law enforcement officers can conduct a breathalyzer or blood test without your consent. Officers can compel such tests if they have the impression that you were committing a DWI in a public place, and any one of the following statements is true:

  • You were previously convicted of a DWI with a child age 14 or younger in your vehicle.
  • You had a DWI accident resulting in a person being taken to the hospital, sustaining serious bodily injury, or dying.
  • You have two previous DWI convictions.
  • You have a previous intoxication assault or intoxication manslaughter conviction.

Consequences for Refusing a Breathalyzer or Blood Test

When you refuse a breathalyzer or blood test in Irving, Texas, you risk suspension of your driver’s license. Several factors play into whether this happens, and an administrative hearing weighs those factors to determine the consequences you will face.

Within 15 days of your arrest, you must contact the Texas Department of Public Safety and request your Administrative License Revocation (ALR) hearing. Failure to take this step in this timeframe will result in an automatic suspension of your license for the maximum allowable period of time.

In the ALR civil proceeding, which occurs in addition to your criminal court proceeding, your DWI history will be reviewed and the appropriate suspension administered accordingly, as follows:

  • First breathalyzer refusal: Up to 180 days suspension
  • Prior DWI: Up to two years suspension
  • Prior breathalyzer refusal: Up to 2 years suspension

Leading Up to the ALR Hearing

The road to an ALR hearing begins the moment a law enforcement officer stops you for suspicion of DWI. They will conduct field sobriety tests, and if you fail them, the officer will arrest you for DWI.

Next comes the BAC tests. You will be administered either a blood test or a breathalyzer test. If your BAC measures 0.08 or higher, or if you refuse the field sobriety tests, you receive a notice of suspension of your driver’s license. Refusal of the field sobriety test results in a suspension of 90 days up to two years.

You need to request your ALR hearing within 15 days of receiving this notice. Otherwise, your suspension goes into effect 40 days following the notification.

The police officer will confiscate your driver’s license and give you a temporary driving permit. You will need to pay a $125 reinstatement fee to have your driver’s license renewed or issued.

How the ALR Hearing Works in Irving, Texas

Your lawyer will accompany you to this hearing. You will present evidence to the Administrative Law Judge (ALJ) indicating the reasons why your driver’s license should not be revoked. DPS will also present to the ALJ, but they will demonstrate all the reasons why they should suspense your license.

The judge will consider whether DPS has proven its case. If they believe this to be so, he or she issues an order to authorize the suspension. If they do not believe that DPS has proven its case sufficiently, you get to keep your license.

Although the judge will send his or her final order to all parties, you are entitled to appeal the judge’s decision.

You Can Apply for an Occupational License

If you can prove the need for a driver’s license to perform necessary tasks, you can apply for an occupational license. If you receive this license, you can drive when required to get to and from work, attend school activities, or perform essential household duties.

The decision of whether to grant you an occupational license rests with the justice of the peace, county, or district court where you reside, or the court that has jurisdiction where your DWI occurred. You must send a petition to this court, which will, in turn, decide the matter. If the court rules in your favor, it will give you a court order that you then carry to DPS to get your occupational driver’s license.

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Find an Irving, Texas DWI Lawyer to Protect Your Rights

Losing your driver’s license for any period of time can seriously debilitate you when it comes to your everyday life. Consider the benefit of hiring a lawyer to protect your rights and represent your interests in a court of law.

The Law Offices of Randall B. Isenberg can explain your legal options and represent you in your defense. Randall Isenberg, a former prosecutor, and state district judge, can present your case effectively. Call 214-696-9253 today for a free consultation.

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