It is possible for you to defend against your license suspension after you have been arrested for a DWI offense in Texas. This is done through an administrative hearing, which you will need to request. You are not automatically scheduled a hearing, you have 15 days following the arrest to request an Administrative License Revocation Hearing. If you do not do so, your license will be suspended.
Once you request the hearing, you need to team up with an aggressive DWI attorney to help you build a defense against the suspension. While at the hearing, The Department of Public Safety has the burden of proof to show all of the following:
- The arresting officer has reasonable suspicions to stop the driver
- There was probable case for the arrest
- There was probable cause that the driver was indeed driving while intoxicated
- The officer gave the driver the opportunity to provide a breath or blood test after being informed of the consequences of refusal
- The driver refused to perform a chemical test after the request and warning of consequences; or
- The driver failed a breath or blood test
If you are successful in challenging the evidence in the case or the probable cause of the officer, you may be able to avoid the license suspension. If you can show that the officer lacked probable cause or did not warn you of the consequences for not performing a chemical test, you can fight the suspension. To better your chances of success, you need an experienced DWI lawyer by your side. R. Scott Magee, Attorney at Law can assist you in combating the allegations against you and fight to have your license reinstated. Contact us today to set up a
free confidential consultation and we can discuss the options moving forward in your case.