If you want to save your driver’s license after being arrested and charged with a DWI in Texas, the best thing to do is request an administrative license revocation (ALR) hearing. By requesting an ALR hearing, you force the Texas Department of Public Safety (DPS) to prove its case against you.
In the ALR hearing, DPS may argue that you refused to take a requested breath or blood test. However, if you took such a test, DPS may argue that you had a BAC result of .08 or more. To suspend your license, DPS must provide specific evidence, depending on the facts of your case.
Furthermore, DPS must prove the arresting officer had either probable cause or reasonable suspicion in order to arrest and charge you with a DWI. If DPS determines that the officer did not have probable cause or reasonable suspicion, you win by default.
What DPS Needs to Prove at Your Administrative License Revocation Hearing
If you refused to submit to a breath or blood test, DPS must prove the following at an ALR hearing:
- Reasonable suspicion existed to stop you.
- Probable cause existed to believe you were driving in a public place while intoxicated.
- You were placed under arrest and were properly requested to submit to a breath or blood testing.
- You refused the test.
If you failed the breath or blood test, DPS must prove the following at an ALR hearing:
- You had a BAC of .08 or over while operating your vehicle in a public place at the time the test took place.
- There was reasonable suspicion to stop you or probable cause to arrest you.
How a DWI Defense Lawyer Can Help
DPS’s proof is often submitted in the form of the arresting officer’s written report. However, a DWI defense attorney can issue subpoenas and request the officer to testify at the ALR hearing.
If the officer doesn’t show up, you win your case by default. If the officer testifies, it is an opportunity to use evidence of innocence which was not written in the original police affidavit.
If you were arrested and charged with a DWI in Collin County, TX, contact our Allen criminal defense lawyer at the Law Offices of Kyle K. Shaw, PLLC and request a free consultation today.