The ALR hearing is completely separate from your criminal case. The outcome of one will not affect the outcome or status of the other.
The ALR hearing is a civil proceeding which allows you to fight the suspension of your driver’s license. You have 15 days from the date of your arrest to request a driver’s license hearing; this request is sent to the Texas Department of Public Safety (TX DPS).
If your license was not suspended prior to being pulled over, your license should not be suspended automatically just because you were arrested for a DWI. A person has 15 days from the date of their arrest to request a hearing on the suspension on their driver’s license.
This varies by county. In most counties, the first court date is simply to determine whether you have or plan to hire an attorney. If you have an attorney, they will sign on to your case, collect any evidence that has been submitted to the state, and reset your case to a later date.
This is such an important question. There can be pros and cons of hiring an attorney from the county of your pending case.
Continue reading “Should I hire a DWI attorney in my county?”
In most circumstances, a first or second DWI is a class B or class A misdemeanor. (See more punishment details here)
A DWI can be charged as a felony under some circumstances, for example-
- When there is an accident involving serious bodily injury, you could be charged with Intoxication Assault
- When there is an accident involving the death of another person, you could be charged with Intoxication Manslaughter
- If you have plead or been found guilty in two prior instances, you can be charged with a felony Third DWI
- If you were arrested for DWI with a child passenger, you can be charged with a felony.
Contact Cannon Law today so we can help you learn more about your case.
The most common element disputed in a DWI trial is legal intoxication.
The state must prove one of three things to establish a person is legally intoxicated. To summarize-
In Texas, a Driving Under the Influence (DUI) charge applies only to minors. A minor is not permitted to have any deductible amount of alcohol in their system. Therefore, a minor does not have to be legally intoxicated to be charged with a DUI. A DUI conviction can carry a penalty of up to $500 fine, a 60-day suspension of ones driver’s license, community service requirements, and mandatory alcohol-awareness classes.
This answer depends on a few different factors: police agency, breath or blood test, and the court a person is assigned. Typically speaking, the only people who have their case resolved “quickly” are simply pleading guilty and accepting the state’s generic plea offer. Evidence can take time to trickle in piece by piece- police reports, accident reports, blood results, videos etc.
It depends. Different companies have different rules regarding DWI arrests and convictions. Many employment contracts lay out the guidelines and rules surrounding this issue. Pay special attention to the wording your company uses. There is a big difference between being ARRESTED for a DWI, and being CONVICTED of a DWI.