When you were arrested for a DWI in Texas you were most likely given a notice of suspension of your driver’s license along with information about how to challenge that suspension. This appeals process is the Texas Administrative License Revocation or ALR. You are allowed, and it is recommend, that you be represented by a San Antonio DWI attorney, or Austin DWI attorney at this hearing. The rules of evidence and procedure apply during these hearings, and are not waived if you are not represented by a lawyer. Contact us right now for a free, no obligation case evaluation.
The ALR hearing is often our first chance to challenge the evidence that will be used against you in both the license suspension and criminal proceedings. We can subpoena the police officer to the hearing, have him put under oath, and question him in detail about the events surrounding your arrest. This gives us two very valuable tools to use in your criminal case.
By questioning the officer under oath we lock in his testimony. If his testimony changes, or he cannot recall specific details at the criminal trial, we will be able to use his prior testimony at the ALR hearing to impeach him, or refresh his recollection.
Questioning the officer at the ALR hearing gives us a better understanding of the evidence that will be used against you in the criminal trial. Essentially, the State is forced to show us what evidence they believe will benefit them in prosecuting you. This allows us to investigate further, and construct our trial strategies in a way that explains the State’s evidence in the least damaging manner.
The ALR judge is an employee of the State. We are allowed to subpoena witnesses and introduce evidence at these hearings. If we lose this hearing, we have the opportunity to appeal the ALR judge’s decision to the court, and have a new hearing. The court hearing is considerably more formal, and is heard by a judge.
You only have 15 days from the date you received the Notice of Suspension to file the appeal of your driver’s license suspension. If you do not file this appeal within those 15 days you lose the right to challenge the suspension of your driver’s license entirely.
If you have been arrested for a DWI in Texas then contact us right now so we can get a San Antonio DWI attorney, or Austin DWI attorney working for you immediately. Time is limited to appeal the suspension of your driver’s license, and there are important steps that need to be taken early in a DWI defense case. Contact us now for a free, no obligation consultation.