I was arrested for DUI in Texas on 11th of May and I hired an attorney immediately, my attorney said that he had requested for my ALR hearing and they did not provide a date for hearing yet. But today I received a letter from DMV stating that my license has been suspended for 90 days starting June 20th(which is 41st day after the arrest). My question is, Can DMV suspend my license without an ALR hearing? or is my attorney lying to me that he had applied for ALR hearing ? My attorney is showing least interest in my case, he did not request any evidence from court till date even after the first hearing is done.
If a hearing was requested, you should of had a hearing. And if a hearing is not requested the department of licensing can and will suspend your license if they have the uncontested information that you were DUI. A call to the department will answer your question as to whether your attorney dropped the ball on this.
ALRs must be requested within 15 days of the suspension from the refusal. If you waited to hire an attorney, the time may have elapsed and if the hearing is not requested, it is considered waived.
Any legal problem should be discussed directly with a licensed attorney.
Several things could have happened - your attorney could have not filed a request; your attorney could have filed a request too late; DPS made a mistake and suspended your license despite a proper request. Tell your lawyer and give a copy of the letter. The lawyer may be able to fix the issue. DPS does make mistakes - often.
If you are not comfortable with your attorney, hire another one to take over the case. You should be comfortable.
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