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DO I HAVE TO GO TO TRIAL IN TEXAS?

Frisco License Revocation (ALR) Attorneys

Defense Attorneys for DWI-Related License Suspensions in Collin County, TX

Fairview ALR Hearing Attorneys

Most people understand that a conviction on charges of driving while intoxicated (DWI) in the state of Texas carries serious criminal penalties, including expensive fines and possible jail time or probation. What you might not realize, however, is that if you have been arrested for DWI, you could be facing the suspension of your driver's license as well—even if the criminal charges against you are eventually dismissed.

At the Law Offices of Biederman & Burleson P.L.L.C., we understand how important it is for you to keep your license and to continue driving legally, despite facing charges related to DWI. Our attorneys have the knowledge, experience, and skills to help you protect your rights and best interests at an Administrative License Revocation (ALR) hearing so that you can stay on the road.

License Suspensions in Texas

Under Texas law, driving on a public road means that you give your "implied consent" to submit to blood or breath tests for blood-alcohol concentration (BAC) if you are arrested on the suspicion of DWI. If you are arrested and you fail a BAC test, you will face having your license suspended for at least 90 days if it is your first DWI arrest. If you refuse to submit to a test, you face a license suspension of up to 180 days. A refusal during a second or subsequent DWI arrest within 10 years could lead to a one- or two-year suspension.

If you fail or refuse a breath test, you will be notified of your impending suspension and given a temporary driving permit immediately by the arresting officer. The results of a blood test are not always available immediately, so if you fail a blood test, you will be notified of your impending suspension and given a temporary driving permit by mail. You will have 15 days from the date that you received the notice to request an ALR hearing. If you do not request a hearing within 15 days, your suspension will go into effect on the 40th day after you received the notice.

An attorney from the Law Offices of Biederman & Burleson P.L.L.C. can help you take the proper steps to obtain an ALR hearing. Once we have filed your request for a hearing, your suspension will be stayed until the hearing is held. You can continue to drive without restrictions until then.

ALR Hearing Lawyers in Lewisville and Denton

The first thing you need to understand is that an ALR hearing is a civil proceeding, not a criminal trial. You will not need to prove your innocence, and the state will not be attempting to prove your guilt. Instead, the hearing is intended to allow an Administrative Law Judge to determine if suspending your license is the proper course of action based on the circumstances. However, you can and should have an experienced DWI attorney present to protect your rights and best interests.

During the hearing, representatives from the Department of Public Safety (DPS) will be required to show that proper procedures were followed before, during, and after your arrest, including that:

  • The officer had reasonable suspicion to initiate a traffic stop;
  • The officer had probable cause to arrest you for DWI;
  • You were warned about the consequences of refusing a blood or breath test; and
  • You failed or refused to submit to BAC testing.

Based on the circumstances of your case, our attorneys will help you challenge the state's case. We have obtained favorable outcomes in many ALR hearings, and we are prepared to put our experience to work for you. If we are successful at the ALR hearing, your suspension will be voided. If not, you could still qualify for an occupational license that allows you to drive legally during your suspension.

Call 469-333-3333 for Guidance

If you are facing the suspension of your driver's license due to failed or refused BAC test, contact our office. Call 469-333-3333 to schedule a free consultation and case review at the Law Offices of Biederman & Burleson P.L.L.C. today. Our firm serves clients in Collin County, Denton County, Dallas County, and surrounding areas. 

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