- driver license suspension;
- community service; and
the conviction will remain on your record forever.
One of the first steps in the process is a civil proceeding called Administrative License Revocation (ALR) hearing. You must request this hearing 15 days after you were issued the notice of suspension. This proceeding is separate from the criminal charge of DWI.
The burden of proof rests on the Department of Public Safety (DPS), and the evidence brought against you must satisfy certain criteria, such as:
- the police officer had reasonable suspicion to pull over the driver;
- there was probable cause that the accused was driving, or was in physical control of the vehicle in a public place; and
- the driver refused or failed the blood or Breathalyzer test.
If the DPS fails to meet its burden of proof, the request for license suspension most likely will be denied. However, if the burden is met, your license can be automatically suspended but you can retain the right to appeal the decision.
Contacting a Houston-Area DWI Lawyer
Serving the Greater Houston Area, the Kahn Law Firm is a dedicated husband and wife team specializing in the practice areas of personal injury and criminal defense. Advocating for those charged with alcohol-related offenses like DUI and DWI, the Kahn Law Firm’s attorneys are experts on the how field sobriety tests should be administered and evaluated. For a free consultation, call today – 1-844-301-KAHN.