 |
If you are arrested for an alcohol related offense in Texas, many people do not realize it but you actually have two cases to handle. The criminal case is the most obvious but you also have a civil case, and, Administrative License Revocation hearing, or ALR against the Texas Department of Public Safety where they (the Department) are going to take away your driver’s license if you fail to act. You have the right to a hearing before an administrative judge to determine a few specific issues before DPS can suspend your driver’s license. This hearing must be requested in writing within 15 days of your arrest. First, the Department must prove by a preponderance of the evidence that there was reasonable suspicion to stop the vehicle and probable cause to arrest the driver. Next, the driver was placed under arrest and advised orally and in writing of the consequences for refusing or failing a breath or blood test, and then afforded the opportunity to take a breath or blood test. Lastly, the driver refused to give a specimen on request of the officer or , that the driver failed a breath or blood test with an alcohol concentration of .08 or more.
The ALR hearing is important not only to attempt to save your driver’s license, but it also gives your lawyer the opportunity to subpoena the arresting officers and have them testify before a different judge and prosecutor than those handling your criminal case. This gives your lawyer a great opportunity to learn about the case from the officers’ own testimony and tie him or her down to a version of events. This is an invaluable tool in evaluating any DWI case.
Suspensions
If you do not request a hearing or are unsuccessful at the ALR hearing, these are the penalties for FAILING a chemical test:
- 90 days with no alcohol or drug related contacts listed on driving record within ten years prior to date of the offense.
- One year with 1 or more alcohol or drug related contacts listed on driving record prior to date of offense within ten years of date of the offense.
Penalties for refusing a Chemical test:
- 180 days with no alcohol or drug related contacts listed on driving record within ten years prior to date of the offense.
- Two years with 1 or more alcohol or drug related contacts listed on driving record prior to date of offense within ten years of date of the offense.
- If the person who refuses does not have a license, an order will be issued typ DPS denying the issuance of a license to the person for 180 days.
If your License is suspended as a result of either and ALR or the failure to request an ALR, you must pay a reinstatement fee of $125.00 to the Texas Department of Public Safety along with a DPS form before your driver’s license will be reinstated.
Surcharges
How much the surcharge is going to cost you basically depends on several factors. First, whether or not you submitted to a breath test and the score. Next, DPS considers any prior DWI conviction history. The surcharge will be assessed each year for three years from the date of conviction. The following is a list of surcharges.
- $1,000 per year if you have no prior convictions for DWI;
- $1,500 per year if you have previously convicted of a DWI within a 36 month period preceding the date of conviction;
- $2,000 per year for if your breath, blood or urine specimen shows an alcohol concentration of 0.16 or higher, regardless of any DWI convictions.
Accordingly, if you are convcited of DWI you could be paying the Texas Department of Public Safety surcharges totaling $3000, $4500, and $6000, respectively, depending on your circumstances. If yoy fail to pay the surcharges and continue to drive a car, you run the risk of being arrested for Driving While License Suspended, up to 180 days in the County Jail, and yet another driver’s license suspension.
|
|
