Parker County DWI Lawyer
The State of Texas has taken a hard stance against those who are found to be driving under the influence of alcohol or drugs. If you were charged with driving while intoxicated (DWI), having a Parker County DWI lawyer fighting on your side could make a huge difference in the outcome of your case.
Getting behind the wheel of a motor vehicle, or even a watercraft, after having a few drinks may seem like an innocuous thing to do. However, a police officer who observes reckless or erratic driving might have reasonable suspicion to make a lawful stop or probable cause to make an arrest, and the consequences of such an arrest can be serious.
Given the harshness of the penalties that offenders might potentially face, such as fines, incarceration, and loss of driver’s license, having a knowledgeable Parker County DWI lawyer could prove vital to defending against the charge. Call a seasoned attorney today to get started building a defense.
Administrative License Revocation in a DWI
While a DWI is a criminal offense, the procedure to take away an offender’s driver’s license is a civil matter called an Administrative License Revocation (ALR). It begins the moment a driver fails a test or refuses to take a Breathalyzer or refuse to give a specimen for determining alcohol levels in the system, and the police officer takes the license and issues a “Notice of Suspension, Temporary Driving Permit.”
From that point on, the accused has 15 days to request an ALR hearing to fight the matter, otherwise, their driver’s license is suspended automatically 40 days after the notice of suspension was issued.
Until an administrative hearing is held, the temporary driving permit remains valid. At the administrative hearing, the driver in question and their attorney must argue their case before an administrative judge, with a representative of the Texas Department of Public Safety (DPS) presenting the facts as gathered by the police and arguing why the case warrants having a driver’s license taken away.
What Makes Parker County DUI Cases Unique
In all instances, the DPS representative is arguing that:
- Any failed blood-alcohol content test occurred after a motor vehicle or watercraft was being operated
- There was reasonable suspicion for the police officer to make the stop and administer the test, or
- The driver in question was a minor on the date in question and had any detectable amount in their system while driving
When drivers refuse to take a blood-alcohol content test, then the DPS representative must argue that probable cause exists to believe the driver was operating a motor vehicle or watercraft while intoxicated.
Though criminal cases have a higher burden of proof in determining guilt, a civil matter like an ALR hearing requires only the much lower standard of “preponderance of evidence”. In other words, instead of “beyond a reasonable doubt”, it is “more likely than not”. This lower standard could make fighting the civil matter more difficult and make the services of a Parker County DWI lawyer invaluable.
Learn More from a Parker County DWI Attorney
When it comes to a DWI charge, passing a breathalyzer may still leave you charged with a DWI or lesser crime, and the same holds true for minors found behind the wheel with any alcohol in their system.
In both instances, you will face criminal proceedings that may affect your wallet and your liberty, and civil proceedings that could strip you of your driver’s license. Call a Parker County DWI lawyer today to learn how an experienced legal professional could help you fight these allegations.