Drivers License Suspension
Criminal Defense in Dallas / Ft. Worth, and Throughout Texas
Attorneys serving clients in Texas: Dallas | Ft. Worth | Bedford | Arlington | Grand Prairie | Coppell | Hurst | Euless | Southlake | Colleyville | Keller | Carrollton | Weatherford | Mesquite | Plano, TX
In Texas, there are numerous reasons a person’s driver’s license may be suspended. These include drug or alcohol criminal convictions, excessive traffic violation convictions and even failure to pay child support. In most cases a person is entitled to a due process hearing through the Texas Administrative License Revocation (ALR) process. This is a hearing held in front of an Administrative Law Judge where the Texas Department of Public Safety must prove to the judge the elements necessary to suspend a driver’s license. The drivers license holder has the right to present evidence and refute the allegations of the Department of Public Safety. The Administrative Law Judge will base his or her decision on the evidence presented and the burden of proof is on the Texas Department of Public Safety to prove what they are alleging their legal reasons are for suspending the drivers license. Some suspensions, such as DWI offense conviction and drug offense conviction suspensions are automatic and do not have the right to an ALR hearing. One of the most common reasons for a driver’s license suspension is for a person being arrested for DWI and either refusing or failing a breath or blood test. This type of suspension does require a hearing in front of the Administrative Law Judge if timely requested. Texas law requires that you request an ALR hearing within 15 days of the date you were served with a Notice of Suspension. Until the actual hearing, a person will be allowed to drive. However, after the hearing, if a person’s driving license is suspended, they may then petition for an Occupational Driver’s License.
If you think you have received a DWI unfairly or need to know more about how a DWI will affect you, contact Bailey & Galyen today. Our experienced lawyers can help you get through this difficult time, while helping you preserve your rights.
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