There are two possible license suspensions in every DWI arrest

October 28, 2020January 16, 2017 by Jim Slaton

ALR Proceeding, Driver License Suspension, ALR Hearing fail

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There are two possible license suspensions in every DWI arrest

Indeed, each DWI arrest has the potential for two separate license suspensions, one for being convicted criminally, and one for refusing or failing a breath or blood test (Administrative License Revocation or ALR proceeding).

As for the criminal charge, if the driver is convicted of DWI, depending on the severity of the offense, the license suspension can range from 90 days to two years, while the ALR can range from 90 to 180 days.

The most common reason citizens do not realize that the ALR exists against them is that they only learn about it when they are arrested.

We understand that this is a stressful, confusing and nervous time for the citizen.

Fortunately, in most cases, the officer provides a written statutory warning during the time of arrest that notifies the driver of the administrative action and of the fact that there are only 15 days to request an ALR hearing to try to prevent a suspension.

Schedule an office visit and we’ll schedule your ALR hearing at no cost

Can the Court Suspend Your License Before Trial?

The court cannot suspend your driver license before you’ve had your trial.

However, it may if you’ve missed your ALR hearing.

You have only 15 days to request your hearing.

After 40 days, it will be suspended automatically.

If you lose the ALR hearing but win your DWI case, Texas law says that they must un-suspend your license.

A good lawyer will tell you not to plea bargain.

Push for a not guilty and a good lawyer who’s good with juries and judges and knows the law can help.

The ALR Hearing and What It Can Do

Fortunately, from the defense perspective, this ALR can be a powerful defense tool in the right lawyer’s hands.

It can often be used to change guilty evidence into not-guilty evidence!

Here, the lesson to be remembered is that a hearing must be requested in a timely manner, or the weapon never materializes.

Accordingly, if you are arrested for DWI, be sure to consult with a skilled DWI / ALR lawyer early (before 15 days have elapsed) so that this ALR advantage is not lost.

It’s often the case that the ALR advantage is the difference between a not-guilty verdict, which would prevent a license suspension, and a guilty verdict which can hold a severe penalty.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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DWI with Commercial Drivers License

July 28, 2023August 11, 2016 by Jim Slaton

(713) 524-1010

COMMERCIAL DRIVERS LICENSE DWI

Being convicted of a DWI with a Commercial Drivers License (CDL) may result in a one year suspension, or three years if you were transporting hazardous materials at the time. A DWI is a serious charge, and a conviction may result in a number of serious penalties or consequences, which may be extended or modified if a CDL or commercial vehicle was involved.

You may be convicted of DWI with a CDL for any of the following circumstances:

Operating a commercial or noncommercial motor vehicle while intoxicated in a public place
Leaving the scene of an accident involving a motor vehicle driven by you
Using a motor vehicle during the commission of a felony
Causing the death of another person through negligent or criminal operation of a motor vehicle OR operating a commercial motor vehicle with a suspended Commercial Drivers License

In the event you have been charged with a DWI with a CDL, it may be a good idea to consult professional legal counsel so that you can better understand the charges, consequences of a conviction, and the process surrounding any trial that occurs due to the charge.

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Additional Potential Penalties for DWI With a CDL

Depending on the circumstances of your charges, there may be additional penalties based on additional factors at the time your charges were placed. In the event these circumstances are met, your Commercial Drivers License may be suspended for one year. The circumstances are as follows:

Refusal to submit to a breath or blood test to determine your alcohol concentration
The results of your breath or blood test show an alcohol concentration of .04 or more
OR
A controlled substance or drug was present in your body while operating a commercial motor vehicle in a public place
The results of your breath or blood test show an alcohol concentration of .08 or more
OR
A controlled substance or drug was present in your body while operating a motor vehicle in a public place

Severe Penalties Or Additional Charges

Again, depending on the circumstances of your DWI charge with a CDL, there could be more severe penalties and suspensions. A Commercial Drivers License DWI may include other, separate DWI charges if others were involved or impacted by any accident or result of driving while intoxicated.

In terms of more severe penalties related strictly to a Commercial Drivers License DWI, your CDL may be suspended for life under the following circumstances:

You have been convicted two or more times of one of the offenses listed in Section 1 OR a combination of those offenses, arising from two or more separate incidents
You use a motor vehicle in the commission of a felony involving manufacturing or distribution of controlled substances OR were convicted of any combination of two or more of the offenses listed in Section 1 and Section 2 arising from two or more separate incidents.

Multiple incidents that result in multiple charges or convictions for DWI (or DWI with a CDL) can result in stacking, or intensified penalties, suspensions, or fines. If you have been charged with a Commercial Drivers License DWI, or if you are on a second or subsequent charge, consulting with a professional DWI lawyer may help you better understand your case, charges, and potential penalties.

      
      
 
 
   Mr. Trichter and the entire staff was extremely knowledgeable, professional, caring and compassionate. Mr. Trichter has an immense amount of knowledge. Including the details and specifics of dealing with the FAA after an arrest. As a fellow aviator and aviation enthusiast there is connection and passion that is priceless. Anytime I had a question or concern I knew I could reach out and have a reliable and caring person to help me.

The end result of the case was favorable but more importantly the personal growth I obtained with the help of Mr. Trichter is something I will have for the rest of my life. I am so thankful I chose Mr. Trichter to represent me.
   Ross “Maverick” 
 27/10/2022
 
 
 
 
   
      
 
 
   If you are in search of a good lawyer, or having doubts about choosing one that will remain in your corner and back your play, I strongly recommend Mr.Gary Trichter, Mr.Trichter along with his legal staff were super beneficial and helpful to me when I needed help the most as a good DWI team they came together and got me through one of the darkest times in my life and I couldn’t be more appreciative and thankful, all the hard work and dedication from the Trichter law team, I would strongly recommend them to anyone In need of assistance for DWI or just a good lawyer to go to bat for you in your time of need.
   Brandon Baker 
 18/09/2022
 
 
 
 
   
      
 
 
   Of course america,  Mr trichter is the best lawyer I see ever .
   Paris Pshouq 
 15/09/2022
 
 
 
 
   
      
 
 
   I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. I can not express the amount of gratitude I have for him. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!
   Luke Fritz 
 14/09/2022
 
 
 
 
   
      
 
 
   Aaron White was very helpful and detailed. Explained things to me every step of the way and was able to get my case dismissed. Thank you very much!
   Josh Reynolds 
 24/08/2022
 
 
 
 
   
      
 
 
   I feel very fortunate to have selected Greg Houlton to represent me in my two DUI cases.  My arrests occurred within three months of each other and I was sure I'd be facing jailtime, considering the circumstances of my arrests.  It was a very difficult time and I was obviously struggling in my personal life.  But within the first few minutes of meeting Greg, he made me feel very comfortable and insisted that I take care of myself, first and foremost, and let him deal with the legal proceedings.

So that's what I did and Greg won both of my ALR hearings and got one of my cases dismissed.  I received a year and a half of probation with no jailtime or significant fine.  Greg by far exceeded my expectations and I couldn't be more pleased with the outcome.  I can't say enough about Greg and his professionalism and the calming effect he had on me throughout this stressful period.
   KM 
 01/08/2022
 
 
 
 
   
      
 
 
   Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!
   Air Wreck 
 03/07/2022
 
 
 
 
  
 
 
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Why We Like Video in DWI Cases

October 28, 2020July 21, 2015 by Jim Slaton

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WHY WE LIKE VIDEO IN DWI CASES

Video in DWI cases has been one of the best things law enforcement has done to assist them in showing the truth.

While the act of taking video is a right you cannot refuse, the fact is, video simply does not lie.

It shows exactly how you behaved and how you sounded when the officer pulled you over.

It also shows how their evaluation and sobriety tests were conducted.

Video is a great “leveler” for people who don’t tell the truth whether it’s the accused or the arresting officer.

Because law enforcement is trained to evaluate drivers with a different set of eyes, they sometimes see only what they are looking for as opposed to what really happened.

There are plenty of cases where an arresting officer describes a very different person in their arrest report than what a jury may see on video when a trained DWI Specialist points out the facts.

So, the next time you’re wrongly arrested for DWI, smile for the camera because the facts will be on your side.