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Dui stop/failed field sobriety/.04 bac @ pd in hgn.tx. on6/16/13..released by pd w/no charges.

Harlingen, TX |

Recvd. letter by mail on 7/26/13 from dps/tx. stating my license had been suspended & that i blew a .08 which is false, i have the hgn.pd report to verify this. never recvd notification that i could file an ALR hearing w/dps. So checked w/dps yesterday & its true my license is suspended. Could dps have mmade a clerical error, because the .08 allegation is in correct. Was never charged by hgn. pd & i was allowed to walk out of the pd on my own, was never made to sign any papers and did not spend the night @ pd. My car was never towed and i drove it home. Something is very wrong here, should i seek legal represntation?

Attorney Answers 4


  1. This is a fairly complicated scenario. For that reason, my suggestion is that you seek the advice of a DWI defense lawyer in your part of the state. That lawyer can discuss the details of your situation with you and seek clarification about whether your license was properly suspended. As the person who was subject of the DWI stop, your credibility is very limited in the minds of the DPS. Going through a lawyer gets around that problem to a very large extent.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  2. Yes you believed that this would be OK and did not request an ALR hearing, so your license was automatically suspended. You describe this as a DUI which is a zero tolerance offense for a minor driving with ANY alcohol in their system. You might have meant the adult offense known as DWI, which is very different. The difference in the report will make a difference in DWI criminal case, but not DUI case. But, DPS doesn't care. You did not ask for a hearing so the automatic suspension kicked in and that permitted them to suspend your license. Its time to consider an ODL so you can continue to drive legally.


  3. The short answer is - Yes, you should seek legal representation. You raise a number of issues that can be fully explored and used to your defense by an experienced Texas DUI attorney. Retain one today. Do not delay any longer.


  4. DPS makes mistakes all of the time. Not long ago they had computer problems which messed up a lot of the ALR hearing requests. Like the other lawyers said, you need to hire an experienced DWI attorney to help you in this situation.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.

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