After A Drunk Driving Arrest, Take Back The Wheel
Your life may seem to be spinning out of control after you have been charged with driving while intoxicated (DWI) or driving under the influence of drugs or alcohol (DUI). You may urgently need to get out of jail and recover your driving privileges.
We are here, ready to help. Your needs and worries are clear. Our defense lawyers are prepared to fight for your freedom and your driving privileges immediately. More importantly, we will protect your constitutional rights through the DWI/DUI criminal case against you. Your future is worth it. Consider Villanueva, Salazar & Tucker PLLC your defense powerhouse.
What’s At Stake?
Are you hesitating about whether to hire an attorney? Beware. The clock is ticking. You have a limited time to request an administrative license revocation (ALR) hearing to seek recovery of your driver’s license.
There are two things that happen after you are arrested for a suspected DWI in Texas.
- One is the criminal case, where you will plead and then be found guilty or not guilty, followed by a sentence, fine or other punishment.
- The second thing that is required is the ALR hearing. This is not in conjunction with the criminal case. It is held by the Department of Public Safety (DPS). The ALR hearing is an opportunity to save your eligibility to drive.
Understanding What Happens At An ALR Hearing
There are important elements to understand about this hearing. The ALR hearing is different from the criminal case. If you are stopped and refuse the blood or breath test at the police station, then you will have 15 days to challenge the revocation of your license. During this time, you will have a temporary driving permit.
Our team is able to step in and provide a tough defense for you at this point. We will request the hearing, which will be scheduled for, typically, 14 to 120 days out. During this time, we will review every step that led to the DWI charge. We will challenge any evidence or procedure that is not protocol or confirmed as accurate and present this counterevidence or challenge to the ALJ who oversees these hearings. This hearing is an opportunity for you to retain or reinstate your driving privileges.
Obtaining An Occupational License
If you drive for a living or are responsible for getting to school and/or work or transporting your children, you will need to obtain some sort of restricted license. You apply for an occupational license after your license is suspended. If you are charged with a Texas DWI and you need to drive, an occupational license may be an option for you.
The occupational license process comprises several steps, requires diligent paperwork completion and does have a deadline. Our team is very familiar with this process and can assist you at every step to ensure that nothing is omitted and all required forms are complete and filed on time.
Do not drive if your license is suspended. If you are stopped by the police while driving with a suspended license, it will be more difficult and potentially impossible for you to obtain an occupational license.
Work With An Attorney Who Used To Prosecute DWI And Related Cases
Our principal defense attorney, Christian Villanueva, is a former prosecutor. He is intimately familiar with the procedures that DWI/DUI defendants must follow to maximize the chances of:
- Keeping driving privileges intact
- Staying out of jail
- Preventing a criminal record
For best results, get an experienced, passionate and resourceful defense lawyer on your side who will work hard to protect you from conviction if at all possible. Consider the potential minimum consequences of a conviction after the prosecution and a judge decide that your blood alcohol level was .08 or higher:
- For a first offense: Fines of up to $2,000; three to 180 days in jail; driver’s license (DL) suspension of one year
- For a second offense: Fines of up to $4,000; one month minimum jail time; two-year DL suspension
- For a third offense: Fines of up to $10,000; two to 10 years in prison; two-year DL suspension
The consequences of a juvenile DUI conviction may be even harsher.
Discover The Key To Your Defense
If one of our attorneys defends you after a drunk driving arrest in Texas, you can count on our very thorough investigation and scrutiny of the evidence to be presented by the prosecutor regarding:
- The arrest: Did the police have probable cause to stop your vehicle? Were you informed of your rights?
- The blood alcohol level: Was the test accurate? Did lab technicians handle your blood or urine sample properly?
- The breath test (if applicable): Was the machine inspected and calibrated?
- The sobriety test(s), if applicable: Were the results verifiable and credible?