A lawsuit out of Florida is claiming that the state wrongfully fined and suspended licenses of DWI suspects. In that state, the department of motor vehicles will automatically take away the license of a DWI suspect without a hearing, contest, or other proceeding.
The lawsuit argues that the state is unlawfully taking away licenses, even when a DWI arrest ends in a not guilty decision by a court or jury. To drive with a suspended license, a DWI suspect has to pay a fee of at least $240. Now the lawsuit is seeking over $50 million to compensate the over 200,000 drivers who in recent years have been arrested for DWI and lost their license.
The thrust of the suit is that any DWI suspect is declared guilty without any procedure giving the license holder a chance to show they are not guilty of DWI. Most states have some sort of penalty for driving under the influence, but most license holders are given a chance to challenge whether they were guilty of DWI.
Suspension of License Under Texas Law
Texas is one of the states that suspends licenses of DWI suspects. But the process for license suspension is different in Texas than Florida. For example, if you are pulled over and arrested on suspicion of DWI and refuse to take a breath or blood sample, your license is automatically suspended. But unlike Florida, in Texas a DWI suspect with a suspended license gets the opportunity to challenge that suspension.
Challenging a license suspension connected to a DWI case is important for every person suspected of DWI. This is an administrative hearing where the DWI suspect can go to court and create a record by the police and others involved in the DWI case. This is important for a number of reasons, but probably most important is the fact that the agency will have to prove their case and create a record that can be used in a later criminal trial. In a nutshell, the more on the record by the police and state, the better it is for you and your case.
At an administrative license revocation hearing, the state will have to show several things. At a minimum, they will have to prove that the police had probable cause to arrest you for DWI, and the police officer involved will most likely show up and testify at the hearing. This will give you the opportunity to fight both the state’s probable cause argument and cross examine the police involved in your case. Both of these are invaluable tools in your criminal case.
Hiring the Right DWI Defense Team
If you have been arrested and accused of DWI, contact us. Our team of DWI defense professionals will apply our experience and legal talent towards your case to help you get the best defense possible. At the Wilder DWI Defense Firm our mission is to ensure that each and every client gets the most effective representation there is to offer. We will take your case to the other side, starting with the investigation and ending with trial if necessary.