Being arrested for driving while intoxicated (DWI) in Texas usually results in two cases to deal with; a criminal case, and a civil (administrative) proceeding targeting the driving privileges of the accused. This is referred to as an Administrative License Revocation (ALR) proceeding. An ALR proceeding is triggered upon failure of a breath or blood test, or refusal to submit to the test.
Failing a blood or breath test, or refusing to submit, will result in an automatic suspension of driving privileges, effective 40 days after the request was refused or a breath test was failed. Under the Texas ALR Program, the driver facing suspension has 15 days (20 days from notice of blood test failure if you consented to a blood test) to request a hearing to challenge the legality of the pending suspension, beginning from the date of arrest.
Requests must be made in writing, and if it is not done within 15 days, the suspension will automatically begin on day forty. Conversely, there is no automatic suspension if a hearing is requested. John M. Cook requests a hearing for all of the clients that have timely hired him within the 15 days (20 days for consensual blood test failures). Protect your license with our expert legal services today.
If you or a loved one is facing DWI charges and would like to challenge the automatic suspension, you should speak with an experienced DWI defense attorney today. John M. Cook knows DWI in Texas inside and out, not only from his position as a defense attorney but from his former vantage point as an assistant district attorney. Mr. Cook and his staff will work tirelessly on your behalf and do everything possible to prevent interruption of your driving privileges. In addition to keeping your driver's license if Mr. Cook wins the hearing, he gains valuable discovery and insight on how to best defend your DWI case. Mr. Cook frequently subpoenas the arresting officer(s) to the ALR hearing where they are subjected to cross-examination under oath, which is recorded. Mr. Cook frequently uses the transcript from that hearing to later impeach the officer(s) at your DWI trial.
Call us today for a free phone consultation to protect your license during DWI cases in Texas. (214) 521-6679