What you should know about... 

The suspension of your driver's license

• The law states that you must ask for a suspension hearing within 15 days of the arrest or you lose by default. 

• Despite what you may think, if your arrest was fewer than 40 days ago, and your license was not suspended prior to the arrest, your license is not suspended and you are free to get a duplicate plastic license. (We advise that you do.)

• The suspension hearing often takes place before the criminal trial and is not hear by a judge or jury but by a hearing officer from the State Office of Administrative Hearing (a state agency set up by the DPS to decide if your license should be suspended if you should have to pay to get it back.) Since your right to drive is not as protected as your right to stay out of jail you are not entitled to the same level of due process. 

• If the hearing officer from the government agency rules against you (the citizen) and for the government agency (DPS) your license will be suspended. 

• If you wish to drive legally for the suspension period you must file an application for an essential need license with a civil county court (any pay fees, of course) and have a civil court hearing to determine if you can drive under restricted terms. 

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What you should know about... 

Your trial and beyond 

• The most commonly tried case in the criminal justice system is Driving While Intoxicated case. 

• Although jail time is not always served, Driving While Intoxicated is one of the only misdemeanors that requires that jail time be assessed. 

• Deferred Adjudication is currently NOT possible. It is however possible for Murder, Child Molesting, Delivering Drugs to Children and a host of other criminal offenses. 

• Completing Probation does not remove the conviction even after the passage of 5-10-20 years. 

• If you are convicted or blow over 0.15 you may have a breath device on your car, even if you are a first-time offender and did not have an accident. (Yet another reason not to blow.) Repeat offenders must also have the device before any driving permit can be issued. 

• For the dubious privilege of having a Texas driver's license, a first time offender must pay $1,000 a year for three years after conviction. Repeat offenders pay $2,000 a year. This is not part of the criminal code so it cannot be negotiated with a prosecutor.

 

We are a full-service firm, meaning we will take care of you through every step of the process.

Here's what we can do for YOU. 

• Make sure that your drivers license deadline is met so you do not lose your license by default. 

• Attend the drivers license hearing and raise every possible defense, both procedural and substantive. 

• in the event of adverse ruling, expedite your application for a license so your no-license time is at a minimum (usually runs about two to three weeks).

• Attend the driver's license hearing in civil court and secure the essential need license and make sure that DPS gets a copy so that you can survive the computer check if stopped. 

• Obtain a copy of the video tape that was made when you were arrested. 

• Examine the police offer's report for inaccuracy (often found) or exaggeration and determine if there are grounds to suppress the stop of the vehicle, the statements that you made, and/or the breath/blood test you took. 

• Examine evidence that a police officer has been disciplined or subject to scrutiny in any way that would be relevant to the case. 

• Obtain an expert to explain to the jury why the policy intoxilizer is not an accurate method of determining alcohol concentration in the body. 

• Call/subpoena witnesses on your behalf who counter the scripted testimony that is often the case with police witnesses. 

• Obtain medical records of yours that would explain your performance on the field sobriety tests (that are designed to make you look clumsy and off balance even if you have not had a drink). These records are admissible evidence. 

• Conduct the hearing in front of a real judge with real witnesses. 

• Arrange a favorable plea-bargain if you think that is an option after discussing punishment options 

• Obtain another essential need license if one is needed after the trial. 

• Advise the District Attorney that you are pleading not guilty. 

• Have your jury trial where you plead Not Guilty. 

• Obtain an expunction of your arrest and driving record if you are acquitted or the case is dismissed. 

• Appeal after trial or even a plea if there are appealable 

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A DWI ARREST CAN BE AN EMBARRASSING AND DAUNTING CHALLENGE. LET US HELP YOU DURING THIS CRITICAL TIME. 

WE'RE HERE FOR YOU, DAY OR NIGHT. 

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