If you've been arrested for DWI in Texas, you have the right to request a hearing on the suspension of your driver's license. The following information provides general information on how to request your hearing.
1) Locate all paperwork relating to your DWI arrest.
You should have received a paper titled "Notice of Suspension / Temporary Driving Permit," with the notation "DIC-25" in the upper right corner. This paper will serve as your temporary driving permit until the administrative law judge makes a decision in your case. It also explains how to go about requesting a hearing on the suspension of your driver's license.
2) Obtain all necessary information regarding your arrest.
Be prepared to provide general information about yourself as well as your Texas driver's license number, the date of your arrest, county of arrest, the arresting agency, as well as whether you failed or refused a breath test. Most of this information can be found on the DIC-25 form.
3) Request the ALR hearing immediately.
YOU HAVE ONLY 15 DAYS TO REQUEST AN ALR HEARING. Request the hearing yourself, or if you have an attorney, have your attorney request the hearing for you. See below for phone, fax and internet contact information. Do not make the mistake of waiving this important right simply because you believe yourself to be guilty of DWI. There are numerous advantages in requesting your hearing, and often an ALR hearing can be won for reasons unrelated to the merits of your case. If you fail to request an ALR hearing within the 15 day deadline, your suspension will begin on the 40th day after your arrest.
4) Hire an experienced DWI attorney.
Your DWI attorney will request all necessary documentation (discovery) including the police officer's sworn report, statutory warning forms and any additional paperwork relating to your arrest. This information will be used by both your attorney and the attorney for the Department of Public Safety in making arguments to the judge.
5) Plan ahead.
While you wait on the judge's decision (usually just a day or two), plan on obtaining an Occupation Driver's License in the event your driver's license is suspended (hope for the best/plan for the worst). Your DWI attorney will prepare and file a petition for you. Read my guide on Occupational Driver's Licenses.
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