Win a DWI case by using a license suspension hearing
The major part of DWI defense is the administrative license revocation (ALR) hearing. In Houston, a person who is arrested for driving while drunk is given only 15 days to request an ALR hearing to challenge their license suspension. Failure to that, the accused can face a suspension between three and six months for a first offense or even two years for a subsequent one.
At the ALR hearing, there a lot of attorneys who attend without having anything to prepare whereby they look over the documents filed by the arresting officer. That is a very big opportunity these attorneys lack when helping their customers. The ALR process gives access to a qualified DWI attorney to interrogate the witnesses that the state will need at the DWI trial. This is done without those witnesses going through a good woodshedding from the prosecutor.
Due to the time limit in the ALR process, the attorneys for the DPS do not have time to go through every detail of a stop with the arresting officer. The preparation of the witness by DPS attorney is minimal at best only to the experienced one. This is because the burden of proof is less than in a criminal proceeding and the factors that the DPS needs to prove to vary from the aspects of being drunk while driving.
The qualified DWI attorney is given the order to arrest the officers who took part in the stop, detention or arrest of the motorist. These rules are given out by the ALR process whereby a defense attorney is able to get documents from the arresting officer filed with the DPS. This includes his verified report, statutory warning issued to the motorist as well as the notice of license suspension.
A qualified DWI attorney is given the chance by the ALR hearing to remove all witnesses who are going to testify against his customer during the trial. The defense attorney prepares the case by highlighting the weakness of the state case and this is during the transcript of the hearing. The transcript also gives the qualified DWI attorney a way of attacking the integrity of the state witness. In addition, the qualified DWI can pull out the transcript and accuse the officer in front of the judges. These will happen when an officer happens to give an answer on the stand trial that varies from the answer he gave under pledge at the ALR hearing.
Lastly, the transcript of the ALR hearing lets the qualified DWI practitioner show the prosecutor the weakness in the state case. A good ALR record can be the difference between a dismissal and a trial during a marginal case. Remember you only have 15 days to request an ARL hearing if you’ve been arrested for DWI in Houston, Texas.We service the following zip codes and surrounding areas: