Challenging A First-Offense DWI License Suspension In Fort Worth
When seeking to fight a DWI charge, a person may need to understand the uniqueness of these allegations and how a case may play out. A license suspension may have long-term consequences for your professional and personal life. While you may feel overwhelmed at the prospect of challenging a first-offense DWI license suspension in Fort Worth. An aggressive first-offense DWI attorney could fight for your rights.
Administrative License Revocation Hearings
To challenge the suspension of one’s driver’s license after a first DWI in Fort Worth, the defendant should hire an experienced attorney at an established firm as soon as possible. A lawyer could request an administrative license revocation (ALR) hearing with the State Office of Administrative Hearings to challenge the suspension of the defendant’s driver’s license. The hearing typically must be requested within 15 days of the arrest to keep the suspension from going into effect.
The attorney may use the administrative hearing as a chance to cross-examine the arresting officer before the officer is coached by the prosecutor. Legal counsel could challenge the officer on issues that could work to their advantage to win the case. The issues might be an illegal stop, illegal detention, illegal arrest, or improper administration of the sobriety tests. Police officers could admit their mistakes at the ALR hearing which may result in a written transcript of the officer’s sworn testimony. An ALR hearing could affect the different ways to get a favorable resolution of the case.
Appealing a Hearing Denial
If the defendant’s lawyer does not win the hearing, they may be able to win an appeal. When the case is appealed to a higher court, that could keep the suspension from going into effect for a period of 90 days which could give the attorney enough time to try to win the appeal. If the attorney does not think they could win the appeal, they might have an occupational license issued to cover the period of license suspension for the defendant to be able to drive during the period of suspension.
How a DWI Case May Play Out in Court
When a case comes up for trial in front of the judge, the judge may rule that the police acted illegally. The prosecutor might prompt the officer by asking if they have additional facts to encourage the officer to embellish their testimony. The officer may speak about slurred speech or other factors that may occur in a DWI arrest but did not happen in the defendant’s case. Some officers do another 20 or 40 DWI arrests before the defendant’s case comes up for trial. This may lead to the officer’s misremembering what exactly happened during the time of the arrest. If this happens, the officer could be impeached.
The defense attorney could show the officer testified differently at the previous hearing and there is a written transcript of their sworn testimony. Some attorneys tell the potential defendant that they do not handle the administrative hearing because it is a waste of time or cannot be won. This may be bad advice since the initial hearing is one of the best ways to win DWI cases.
Applying for Restricted Licenses
An attorney in Fort Worth with experience handling an administrative DWI suspension of a license could help individuals understand what an administrative suspension is. If a person arrested for a DWI in Texas fails a breath or blood test or refused a breath or blood test, their license may be suspended for 180 days for refusal or 90 days for failing the test.
If the lawyer requests a hearing and does not win the hearing, they could file a petition in county court requesting an occupational license or a restricted license for their defendant. If someone does not have a lawyer and there is a suspension of their license, an attorney could file a petition in the county court to have an occupational license granted. If there is a suspension because of a conviction of DWI, the judge handling the DWI conviction may grant an occupational license. This is typically a process of filing a proper petition and getting the license granted.
Getting a License Back After Acquittal or a Successful Appeal
When an individual’s driver’s license is suspended, they typically need to pay a reinstatement fee of $125 before their suspension ends. When the fee is paid, their license is reinstated when the suspension period is over.
Call an attorney and begin challenging a first-offense DWI license suspension in Fort Worth. Let an experienced lawyer fight for you and help you understand your options.
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