If you have been charged with DWI in the state of Texas, the clock is already running on the ability of the charges to seriously impact your life. In Texas, individuals arrested for DWI must schedule an Administrative License Revocation (ALR) hearing within 15 days of arrest. Failure to do so has an instant effect on one’s driving privileges, as the Texas Department of Public Safety will automatically suspend your driver’s license. Think about all the ways this might interfere with your day-to-day life. Do you drive to and from work? Drop off and pick up your children from school? Visit a loved one at a retirement community. Without a driver’s license, you will be unable to engage in these critical activities. Your very independence will be minimized. As you can easily see, you must take a DWI charge with the utmost seriousness. The first step is to retain an experienced Dallas DWI attorney to schedule an ALR hearing and aggressively fight to protect your driving privileges.
An Experienced Attorney Will Challenge The State’s Attempt To Meet The Burden Of Proof
At an ALR hearing, the state’s Department of Public Safety must meet the burden of proof for the DWI charge against you. This burden of proof exists to safeguard one’s constitutional right to due process of law. In other words, it would be inconsistent with our notions of justice if the state could revoke your license and subject you to penalties without proving that you did in fact drive while intoxicated. In Texas, the burden of proof at ALR hearing has been met when the Department of Public Safety proves the following 4 elements by a preponderance (majority) of evidence: