What are my options after a DWI Arrest? Will my license really be suspended?
Keep on reading for more information, but remember that you may be able to drive legally on an occupational license, despite your license being suspended for DWI. Call Us for a Free Consultation.
At a DWI arrest, an officer will take your Texas Driver's License, rendering it suspended. The police officer will hand you a temporary license, good for a short period of time, after which you will not be able to legally drive without a valid license.
Call an Austin Criminal Defense Lawyer or Texas Attorney as soon as possible. DPS allows 10 days until the DWI hearing, at which an administrative judge or panel will determine whether your Texas Driver's License will be suspended. Don't delay beyond the 10th day, or you will have been deemed to give up or waive the right to contest the driver's license suspension.
At the DWI hearing, typically the arresting officer is called to testify whether there is sufficient evidence to suspend the Texas Driver's License. The officer is subject to cross-examination by an attorney.
Generally, the hearing cannot be held again once the time limit has expired. An appeal might be filed, but chances are low of a new hearing being set.
The major benefit is an attempt to save your Driver's License after the DWI. As a secondary benefit, the officer testifying at the DPS ALR hearing will typically be the same one at the DWI jury trial, so it allows a glimpse into that officer's testimony at trial.