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?
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.
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.
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