M&A Dallas Law Firm

Texas Courts, Texas Judges, Texas Statutes and Codes

• Texas Judges and Courts

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• Texas Counties and
  County Clerks

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• Texas Statutes and Codes

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LAWYERS ON YOUR SIDE

Been arrested for DWI/DUI? Do you know what you need to do?

Your DWI/DUI arrest will result in (2) cases against you that are legally separate and different from each other:

Administrative License Revocation (ALR) Hearing

This is a civil proceeding not a criminal. A DWI/DUI charge causes this civil case dealing with a driver’s license suspension. The ALR Hearing is important in order to keep your license from being suspended.

The police and Texas state prosecutors call this process an Automatic License Revocation. Most people, including some attorneys, make the mistake of not requesting a hearing, by giving up this opportunity, you can lose a great opportunity to prepare and plan for the criminal case.

Court Case

Takes place in the criminal courts. If you are convicted of a DWI/DUI in Texas, the court will decide the punishment, such as:

• The amount of jail time;
• The length of probation;
• The number of alcohol/drug treatment programs;
• Counseling classes;
• Restrictions to driver’s license;
• Fines and penalties.

What is implied consent?

This Texas law provides that each person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for a DWI/DUI and provided with the applicable consequences or refusing to submit to testing.

Specifically, the courts have held that the admission in evidence in a criminal proceeding of the analysis of a blood sample taken over the objection of the accused was held not to violate the constitutional rights of the accused (defendant).

Other issues to consider:

1. Under age 21 Convictions are at risk of more severe penalties.
2. Commercial Vehicle Convictions may risk additional penalties.