In many cases, a person’s first or only arrest will be for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). DWI is an equal opportunity offense that affects underage drinkers, college students, tradesmen, white collar professionals, millionaires and retirees alike. What all these people have in common is the need for a lawyer experienced in ALL aspects of DWI defense. Attorneys Jimmy Evans and Lucio Del Toro are highly trained in this field. This training deals exclusively with the investigative techniques the police use in the detection of a person who is under the influence of alcohol. Few lawyers go to this length to understand the prosecution’s case, but when it comes to presenting your defense, a thorough knowledge of the proper police procedures that should have been taken is critical. In addition to the above specialized training, Evans & Del Toro regularly attend DWI seminars throughout Texas dealing with the latest legal and scientific developments in DWI defense. This commitment to understanding and mastering the evidentiary and technical issues related to DWI is vital for an effective, aggressive defense. A detailed analysis of the police reports, video tapes, field sobriety tests and potential breath/blood test results in your case is just the first step toward defending your rights and challenging the charges against you. You NEED and DESERVE an attorney with this level of training and experience on your side!
WHY IS THIS IMPORTANT?
As you may already know, a DWI or drunk-driving charge can have very serious consequences for your future. If convicted of DWI, you may face:
Jail time
Substantial fines
Community service hours
Probation fees
Ignition interlock device installed on your car
Inpatient or outpatient drug and alcohol counseling
Surcharges by the Texas Department of Public Safety of up to $2,000 per year for three years just to maintain your driving privileges, and/or suspension of your driver’s license
Substantial increase in the cost of your motor vehicle insurance
Loss of employment opportunities and ability to lease property due to a criminal conviction on your record
DRIVER’S LICENSE SUSPENSION
Quite often, the most devastating of all these potential consequences is the loss of the ability to drive. For most people, a vehicle is an absolute necessity in their daily lives. A driver’s license suspension or revocation can affect your ability to get to work, to school or to drop off your kids at daycare and other activities. The negative consequences of a suspension of a Commercial Driver’s License (CDL) for professional drivers are even more potentially devastating. Our office can make certain that your rights and driving privileges are adequately defended, both in court and before the Department of Public Safety (DPS).
If you have been arrested and/or charged with DWI and are determined to find an experienced lawyer willing to investigate your case and provide you with a quality defense, call (512.474.4445) to schedule an immediate, free consultation.
Underage DWI (DUI)
In Texas, if you are a minor and have “any detectable amount of alcohol in your system” while driving a motor vehicle, you may be charged with “DUI” (Driving Under the Influence.) This is a zero tolerance law set up solely for people under the age of 21. Specifically, a DUI is classified as a Class “C” misdemeanor.
This means that you cannot receive jail time, but can be charged a fine of up to $500.00 for a first offense. Along with the fine, a term of probation may be imposed coupled with community service, alcohol awareness classes and a suspension of your driver’s license. For subsequent offenses you can receive even longer terms of probation, an extended license suspension and, in some cases, jail time.
The Texas Department of Public Safety will typically issue a notice of suspension and try to suspend your driver’s license in the majority of these cases. This license suspension is the same Civil administrative license revocation “ALR” process that is used in adult DWI cases. This suspension is in addition to the previously mentioned suspension possibility.
To sum up, if you are under 21, you are not allowed to drink any alcohol, even under a legal exception, and then drive a car. If an officer testifies that he or she merely smelled an alcoholic beverage on your breath during a traffic stop then you can be cited for DUI. This is true even if the officer feels that you were both below the .08 legal limit and had not lost the normal use of your mental/physical faculties.
The penalties for DUI are different than those for DWI, but are still severe and can cause many long term negative effects on you and your future. If your DUI case is mishandled, it can have terrible long-term effects on your criminal record and can cause a lengthy driver’s license suspension. These cases must be taken seriously and resolved with both short-term and long-term protection in mind. If properly handled, the entire record of your arrest may be expunged in the future, thereby removing any trace from your record.
DWI Defense
Driver’s License Suspension
If you have been arrested for DWI, you now face two distinct legal problems. The first, criminal prosecution for DWI, is obvious. What is not so apparent is the second issue: possible suspension of your privilege to drive in Texas. This is an immediate concern for most people and must be dealt with properly, to best protect your privilege to drive in Texas.
What is Administrative License Revocation?
An Administrative License Revocation action, or “ALR” for short, is a civil administrative proceeding against your driving privileges by the Texas Department of Public Safety. It is triggered if you either 1.) refused to submit to breath or blood testing when requested by an officer, or 2.) failed a breath or blood test.
Was I Informed About This When I Was Arrested?
When you were arrested for DWI, the officer should have asked you whether you wanted to submit to providing a specimen of your breath or blood. You should have also been advised of your right to take or refuse the offered test and had the consequences of each choice explained to you.
You should also have been served with a Notice of Suspension of your driving privileges at the time of your arrest. This fairly complicated form outlines your rights regarding the suspension process and details how you may request a hearing to challenge the proposed suspension of your license. If you were not given this form at the time of your arrest, you must act quickly to determine if the form was ever actually issued, or if there was a mistake made in your case.
There is only one way to avoid the automatic suspension of your driving privileges….Request an ALR Hearing to challenge the proposed suspension.
Requesting the Hearing
IMPORTANT!!! An ALR suspension is AUTOMATIC, UNLESS you request a hearing to challenge the suspension WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency.
If you fail to request an ALR hearing, your Texas license will automatically be suspended on or about the 41st day after notice was received. The length of your suspension will vary, depending on several factors (If you are caught driving while your license is suspended, you may be arrested and prosecuted for Driving While License Suspended, a Class B Misdemeanor, punishable in most cases by up to 6 months in jail and a maximum $2,000 fine).
However, if a hearing is properly requested, NO ACTION will be taken regarding suspension of your license until after the hearing has taken place. While you may request the hearing yourself, I strongly recommend having an attorney experienced with the ALR process request your hearing on your behalf as there are several important options to consider.
If you come in and hire our firm before your deadline date, we will do all the work for you towards requesting your hearing, thereby establishing your best chance at protecting your valuable driving privileges. However, if you are unable to do so, request it yourself following the instructions printed on the paperwork given to you by the police so that you don’t waive your rights in this matter.
Why is the ALR Hearing So Important?
Our firm handles hundreds of these civil proceedings each year for our own DWI clients. Additionally, we are regularly retained by other attorneys throughout Texas to assist in the representation of their DWI clients, due to our extensive experience with this complicated civil process.
This hearing is crucial for several reasons, including the following:
Your license will be suspended unless you or a legal representative attends the hearing and defends you against DPS. If the attorney for DPS cannot prove their case against you, there will be NO license suspension.
The ALR hearing gives you a mini-preview of the evidence in your DWI criminal case by allowing us to gain valuable discovery (like our own copy of all police reports) and ask the police officers involved in your case detailed questions about your arrest, in most cases prior to appearing in court on your DWI criminal charge.
The information gathered at this hearing, along with our review of any DWI videotape in your case, will go a long way towards helping us decide the most effective way to defend your DWI case.
What if I Fail to Request the ALR Hearing or I Miss the Deadline?
If you fail to request this hearing, your license will be suspended automatically upon the 41st day from the date you received the “Notice of Suspension”. However, if your license is suspended due to a failure to request a hearing or a missed deadline, you may be eligible for a special permit to drive known as an “Occupational License” or an “Essential Need License”. Contact our office for more information on this option.
Because driving is an important privilege and, for most people, a necessity of life, it is generally recommended that you always request an ALR hearing and retain the services of an experienced lawyer to protect your license, as well as your good name.
Driver’s License Reinstatement
If your Texas driver’s license is suspended for an alcohol related arrest, you may petition the Court of your county of residence, or the county of offense, for an Occupational Driver’s License or “ODL.” This document will allow you to drive for essential needs like work, school and household duties, despite your license suspension.
Obtaining Occupational Driver’s Licenses (ODLs)
In order to obtain an ODL, you must file a properly completed application, as well as several other documents, with the Texas Department of Public Safety. Special proof of insurance is also required. This paperwork must be approved by a Judge prior to submission. For most ODLs, the law allows a minimum of four hours up to a maximum of twelve hours a day in which to drive, depending upon the individual need shown to the Court.
If you are like most people, your driving privileges are crucial to maintaining your employment, education and lifestyle. Considering the availability of this option, there is no need to jeopardize your future by driving on a suspended license and risking additional criminal charges.
Our office can help you with the details of your particular situation and answer any and all questions you may have regarding your driving privileges. We will make sure that all the proper steps have been taken to obtain your ODL in the shortest amount of time possible, and explain how to use it properly once it is received. Additionally, we can guide you through the steps required to reinstate your original license once your suspension period is over.
Texas Drunk Driving Defense (DWI)
In many cases, a person’s first or only arrest will be for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI). DWI is an equal opportunity offense that affects underage drinkers, college students, tradesmen, white collar professionals, millionaires and retirees alike. What all these people have in common is the need for a lawyer experienced in ALL aspects of DWI defense. Attorneys Jimmy Evans and Lucio Del Toro are highly trained in this field. This training deals exclusively with the investigative techniques the police use in the detection of a person who is under the influence of alcohol. Few lawyers go to this length to understand the prosecution’s case, but when it comes to presenting your defense, a thorough knowledge of the proper police procedures that should have been taken is critical. In addition to the above specialized training, Evans & Del Toro regularly attend DWI seminars throughout Texas dealing with the latest legal and scientific developments in DWI defense. This commitment to understanding and mastering the evidentiary and technical issues related to DWI is vital for an effective, aggressive defense. A detailed analysis of the police reports, video tapes, field sobriety tests and potential breath/blood test results in your case is just the first step toward defending your rights and challenging the charges against you. You NEED and DESERVE an attorney with this level of training and experience on your side!
WHY IS THIS IMPORTANT?
As you may already know, a DWI or drunk-driving charge can have very serious consequences for your future. If convicted of DWI, you may face:
DRIVER’S LICENSE SUSPENSION
Quite often, the most devastating of all these potential consequences is the loss of the ability to drive. For most people, a vehicle is an absolute necessity in their daily lives. A driver’s license suspension or revocation can affect your ability to get to work, to school or to drop off your kids at daycare and other activities. The negative consequences of a suspension of a Commercial Driver’s License (CDL) for professional drivers are even more potentially devastating. Our office can make certain that your rights and driving privileges are adequately defended, both in court and before the Department of Public Safety (DPS).
If you have been arrested and/or charged with DWI and are determined to find an experienced lawyer willing to investigate your case and provide you with a quality defense, call (512.474.4445) to schedule an immediate, free consultation.
Underage DWI (DUI)
In Texas, if you are a minor and have “any detectable amount of alcohol in your system” while driving a motor vehicle, you may be charged with “DUI” (Driving Under the Influence.) This is a zero tolerance law set up solely for people under the age of 21. Specifically, a DUI is classified as a Class “C” misdemeanor.
This means that you cannot receive jail time, but can be charged a fine of up to $500.00 for a first offense. Along with the fine, a term of probation may be imposed coupled with community service, alcohol awareness classes and a suspension of your driver’s license. For subsequent offenses you can receive even longer terms of probation, an extended license suspension and, in some cases, jail time.
The Texas Department of Public Safety will typically issue a notice of suspension and try to suspend your driver’s license in the majority of these cases. This license suspension is the same Civil administrative license revocation “ALR” process that is used in adult DWI cases. This suspension is in addition to the previously mentioned suspension possibility.
To sum up, if you are under 21, you are not allowed to drink any alcohol, even under a legal exception, and then drive a car. If an officer testifies that he or she merely smelled an alcoholic beverage on your breath during a traffic stop then you can be cited for DUI. This is true even if the officer feels that you were both below the .08 legal limit and had not lost the normal use of your mental/physical faculties.
The penalties for DUI are different than those for DWI, but are still severe and can cause many long term negative effects on you and your future. If your DUI case is mishandled, it can have terrible long-term effects on your criminal record and can cause a lengthy driver’s license suspension. These cases must be taken seriously and resolved with both short-term and long-term protection in mind. If properly handled, the entire record of your arrest may be expunged in the future, thereby removing any trace from your record.
DWI Defense
Driver’s License Suspension
If you have been arrested for DWI, you now face two distinct legal problems. The first, criminal prosecution for DWI, is obvious. What is not so apparent is the second issue: possible suspension of your privilege to drive in Texas. This is an immediate concern for most people and must be dealt with properly, to best protect your privilege to drive in Texas.
What is Administrative License Revocation?
An Administrative License Revocation action, or “ALR” for short, is a civil administrative proceeding against your driving privileges by the Texas Department of Public Safety. It is triggered if you either 1.) refused to submit to breath or blood testing when requested by an officer, or 2.) failed a breath or blood test.
Was I Informed About This When I Was Arrested?
When you were arrested for DWI, the officer should have asked you whether you wanted to submit to providing a specimen of your breath or blood. You should have also been advised of your right to take or refuse the offered test and had the consequences of each choice explained to you.
You should also have been served with a Notice of Suspension of your driving privileges at the time of your arrest. This fairly complicated form outlines your rights regarding the suspension process and details how you may request a hearing to challenge the proposed suspension of your license. If you were not given this form at the time of your arrest, you must act quickly to determine if the form was ever actually issued, or if there was a mistake made in your case.
There is only one way to avoid the automatic suspension of your driving privileges….Request an ALR Hearing to challenge the proposed suspension.
Requesting the Hearing
IMPORTANT!!! An ALR suspension is AUTOMATIC, UNLESS you request a hearing to challenge the suspension WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency.
If you fail to request an ALR hearing, your Texas license will automatically be suspended on or about the 41st day after notice was received. The length of your suspension will vary, depending on several factors (If you are caught driving while your license is suspended, you may be arrested and prosecuted for Driving While License Suspended, a Class B Misdemeanor, punishable in most cases by up to 6 months in jail and a maximum $2,000 fine).
However, if a hearing is properly requested, NO ACTION will be taken regarding suspension of your license until after the hearing has taken place. While you may request the hearing yourself, I strongly recommend having an attorney experienced with the ALR process request your hearing on your behalf as there are several important options to consider.
If you come in and hire our firm before your deadline date, we will do all the work for you towards requesting your hearing, thereby establishing your best chance at protecting your valuable driving privileges. However, if you are unable to do so, request it yourself following the instructions printed on the paperwork given to you by the police so that you don’t waive your rights in this matter.
Why is the ALR Hearing So Important?
Our firm handles hundreds of these civil proceedings each year for our own DWI clients. Additionally, we are regularly retained by other attorneys throughout Texas to assist in the representation of their DWI clients, due to our extensive experience with this complicated civil process.
This hearing is crucial for several reasons, including the following:
What if I Fail to Request the ALR Hearing or I Miss the Deadline?
If you fail to request this hearing, your license will be suspended automatically upon the 41st day from the date you received the “Notice of Suspension”. However, if your license is suspended due to a failure to request a hearing or a missed deadline, you may be eligible for a special permit to drive known as an “Occupational License” or an “Essential Need License”. Contact our office for more information on this option.
Because driving is an important privilege and, for most people, a necessity of life, it is generally recommended that you always request an ALR hearing and retain the services of an experienced lawyer to protect your license, as well as your good name.
Driver’s License Reinstatement
If your Texas driver’s license is suspended for an alcohol related arrest, you may petition the Court of your county of residence, or the county of offense, for an Occupational Driver’s License or “ODL.” This document will allow you to drive for essential needs like work, school and household duties, despite your license suspension.
Obtaining Occupational Driver’s Licenses (ODLs)
In order to obtain an ODL, you must file a properly completed application, as well as several other documents, with the Texas Department of Public Safety. Special proof of insurance is also required. This paperwork must be approved by a Judge prior to submission. For most ODLs, the law allows a minimum of four hours up to a maximum of twelve hours a day in which to drive, depending upon the individual need shown to the Court.
If you are like most people, your driving privileges are crucial to maintaining your employment, education and lifestyle. Considering the availability of this option, there is no need to jeopardize your future by driving on a suspended license and risking additional criminal charges.
Our office can help you with the details of your particular situation and answer any and all questions you may have regarding your driving privileges. We will make sure that all the proper steps have been taken to obtain your ODL in the shortest amount of time possible, and explain how to use it properly once it is received. Additionally, we can guide you through the steps required to reinstate your original license once your suspension period is over.