The Importance Of The Administrative License Revocation Hearing
You should be provided with a DIC-23 (Notice Suspension Temporary Driving Permit) and DIC-24 (Statutory Warning) by the State of Texas once you are arrested for Driving While Intoxicated (DWI). There are 3 main reasons why you are issued with these documents:
As A reminder Of Your DWI ArrestIf you did not provide a blood or breath sample or provided one with a 0.08 alcohol content the documents are meant to inform you that your driver’s license is subject to suspension for 180 or 90 days respectively.
Lastly, the documents are meant to inform you that you can attend an ALR (Administrative License Revocation) hearing where you get a chance to challenge the suspension.
To ensure that you are well represented at the ALR hearing, it is recommended that you hire a formidable DWI lawyer. The proceedings which normally place you on the opposite side of an experienced Department of Public Safety prosecutor are adjudicated by a judge working under the (SOAH) State Office of Administrative Hearings and the rules of procedure and evidence apply.
Importance Of The Administrative License Revocation Hearing
The ALR hearing is important for 2 main reasons, as an expert DWI lawyer will inform you:
It gives you the chance to prevent the suspension of your driver’s license.
To properly prepare a defense for your DWI case, the hearing can facilitate the discovery of vital evidence.
The evidence that will be used during the hearing, as well as your criminal, a case can be legally challenged for the first time during the Administrative License Revocation hearing. It is possible for us to question the arresting officer about the details of the arrest, after subpoenaing him to the hearing and placing him under oath.
This Leaves The Officer Somewhat Exposed
The officer’s testimony is captured on record when he/she is questioned under oath. There is no way for the officer to correct any errors he/she committed during the arrest, nor can he/she change his account of the arrest. To impeach the officer in a jury trial or successfully convince the ADA (Assistant District Attorney) to throw out the case, we can use this record.
To better understand your DWI case, a skilled DWI lawyer takes advantage of this opportunity. The ADA’s case can also be weakened before they understand what it is about, at this point as well.
There’s A 15-day Widow For Booking Your Hearing
Act swiftly once you receive your Statutory Warning and your Notice of Suspension Temporary Driving Permit.
To help prevent the suspension of your driver’s license, book a meeting with a qualified and experienced DWI lawyer as soon as you are released on bond.
The DPS will automatically suspend your driver’s license 40 days after the arrest if the ALR hearing is waived as a result of you not requesting a hearing within the 15-day window after receiving a Statutory Warning and Notice of Suspension Temporary Driving Permit.