SHERMAN DWI DEFENSE LAWYER

Preserving Your License and Freedom

When the police arrest you for DWI in Texas, after putting you through roadside tests that seem designed for you to fail, you have a right to be angry. You have a right to be frustrated. After all, the charges have brought into jeopardy your license, your ability to keep a job, and can possibly result in jail time. I understand how humiliated you probably are after being subjected to the roadside “tests” and arrest, the booking and bonding process at the jail, and the embarrassment of having to tell your friends, family – and maybe worst, your boss—that an officer put you in jail just because you drove with alcohol on your breath. However, you have the right to hire an attorney who will be by your side and protect your rights each step of the way.It's important to understand that , under Texas DWI Law, there are two cases -a civil drivers' license action and a criminal DWI action-pending against you right now if you have been arrested for DWI. 

Contact Us for a Free License Revocation Hearing Request

You only have fifteen days from notice of suspension (usually arrest) to send your hearing request off, or your license will be automatically suspended. You should hire an attorney experienced at protecting your rights in both cases. If you stop by, I will give you a Free Case Evaluation and a Free In-Person License Revocation Hearing Request at no charge - regardless of whether you hire me or not. I know you are probably fearful of the unknown journey that these cases will take you through, because it is probably the first and last time you will face our justice system. I want to be there to not only guide you through, but to win your Texas DWI case at trial or with a lower disposition you can be completely satisfied with.

DWI / DUI Surcharge and License Suspension for Failure to Pay Surcharge 

The DWI surcharge law, Transportation Code § 708.102, went into effect on September 1, 2003. It states, in relevant part, that

(b) Each year the department (Department of Public Safety, DPS) shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.

(c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is (1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

(2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

DPS maintains that it can suspend the driver’s license of anyone who fails to pay this surcharge. Chapter 708 of the Transportation Code does not provide for a license suspension in the event of nonpayment. It remains to be seen whether such a suspension is valid. 

Administrative License Revocation (ALR) Hearings

YOU MUST REQUEST AN IN-PERSON ALR HEARING WITHIN 15 DAYS OF ARREST/SUSPENSION NOTICE TO EFFECTIVELY CHALLENGE THIS PROCESS AND DISCOVER IMPORTANT INFORMATION ABOUT YOUR CASE.

The ALR law took effect January 1, 1995. ALR is a civil, administrative process separate from criminal court proceedings. Its stated goal is to get drunk drivers off the road by revoking their driver licenses. How ALR Works.

Occupational Driver’s License

If you have not requested an ALR hearing, your driver's license will be suspended 40 days after the notice of suspension (usually arrest). If you properly requested an ALR hearing, your license will not be suspended unless and until the Administrative Law Judge signs the order of suspension.

If your license is suspended, you may apply for an occupational license in the county or district court of 1) the county of your residence or 2) the county of arrest if you qualify. The statutes below outline the general requirements for occupational licenses. 

• Basically, you will have to show an essential need for the license (work/health), which can only authorize you to drive up to twelve hours a day on six days of the week.

• Also, you will have to get a special kind of insurance (SR-22) that may be more expensive than your regular insurance. If you have insurance through USAA, you do not even want them to know about your suspension or they may cancel your coverage. Make sure you are on good terms with your provider before requesting SR-22 through them, or you probably want to shop somewhere else. Geico seems to have reasonable SR-22 policies.

• Finally, you must pay filing fees for the petition and fees to the DPS for issuance of the occupational license. This could be a few hundred dollars. If the judge issues you an occupational license, the judge's order serves as your license for 30 days until you receive your license from DPS in the mail. You must keep the order or occupational license and SR-22 proof with you at all times to present to officers on demand, and the judge may require that you keep a travel log to present to officers if requested.

   The law

If you, or someone you know, has been charged with a DUI/DWI, call 1-888-623-5336 or contact us immediately to speak with a Criminal Defense Trial Attorney.