Drunk Driving Arrest May Lead to a Trip to an ALR Hearing
You probably understand that you face criminal penalties after being arrested for a D.W.I. But, you might not be aware that you can be also subjected to civil penalties, including a suspension of your license.
The Texas Transportation Code/ Penal Code lists the criminal penalties for a first offense D.W.I. These penalties include:
- $2,000 fine (maximum)
- Anywhere from 3 to 180 days of incarceration
- License suspension up to one year
- A surcharge by the Department of Public Safety up to $1,000.00 for 3 years.
- If your breath or blood test is 0.15 or greater then you will be required to have a deep lung device, leg monitor, home monitor or portable breath test machine. Also, your surcharge increases to $2,000.00 a year.
- You should be given a temporary license if you took and failed a breath test and at the bottom of the paper there are instruction on how to ask for the hearing within 15 days.
It is important to note that a license suspension is not administered by the criminal justice system, but is rather administered by the Administrative License Revocation Because the A. L. R. is not a court of law, it doesn’t have to meet high legal standards to take action against you.
Other penalties that are not often discussed include changes to your insurance that occur following a D.W.I. arrest. You may be required to carry high-risk insurance, meaning that you will face increases in your premiums. In some cases, you may even be dropped by your current insurance provider. Drivers convicted of a D.W.I. will be required to submit an SR-22 to the Department of Public Safety in order to provide evidence that adequate insurance has been obtained. Not all insurance companies are willing to work with drivers who require this form. To make matters worse, if your current insurance cancels on you due to your inability to maintain insurance as a result of a D.W.I., you will face higher premiums when you try to apply for another insurance that provides the SR-22. Additionally, if you want to drive, but do not own a car, you will still have to carry a non-owner insurance policy. In many cases, high-risk drivers face anywhere from double to tripled insurance premiums.
This video has the information about these penalties that you should know.
Individuals fighting a license suspension often choose a lawyer to represent them during the challenging administrative process that will determine whether the license will be suspended. An attorney can gather proper evidence, argue in your defense. Individuals facing civil penalties often seek the help of a skilled D.W.I. attorney in Dallas, Texas. John L. Corn Attorney at Law understands that civil penalties can affect a person’s life just as critically as criminal penalties and works closely with clients to help them retain their licenses.
It doesn’t take much to get arrested for DWI and once you are, a first DWI/DUI suspension ranges for your Driver’s License, class C (normal DL), is 90 days if you took the test, Breath/blood, and had a reading of 0.08 or greater. If you refused to take any test, then the suspension is for 180 days. Additionally, if you refuse the test then the Police can get a warrant for a blood test and if you have 0.08 of greater, the suspension is for 180 days. However, I can usually get you an Occupational Driver’s License that allows for you to drive for 12 hours a day 7 days a week within 48 hours from the filing date of the Occupation Drivers License.
If you have a Commercial Drivers License then the suspension is for one year and no Occupational Drivers License is available. You have a right to ask for a hearing regarding the suspension of your driver’s license but you must ask for the hearing within 15 days of your arrest or you will be forever barred from getting one.
Whatever you do, do not take any field sobriety tests. They are not required, and you are not required to take them. They are rigged against you. You cannot pass these tests, trust me. Give the cop your name and date of birth as well as your DL and proof of Ins. if you have them. Make sure you keep your windows rolled down to dissipate the odor of what you had to drink from building up in your car. Do not admit that you were drinking under any circumstances. Keep your answers short and tell the officer you want your lawyer before you speak to the cop and if he say’s you are not entitled to one then ask for one anyway. Keep your attitude in check. Remember if your are arrested and put in the cop car everything you say and do is recorded on a CD and it can be used against you in Court as well as what you say.