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

Asked about 1 year ago - 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. Gene Raymond Beaty

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.

  2. Evan Edward Pierce-Jones

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  3. James Richard Butler

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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... more
  4. Christopher Irvin Simser

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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.

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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