Posts tagged Department Of Public Safety
Second DWI Offense Houston Texas TX
Sep 14th
Reader’s Question:
My brother was arrested for his second DWI offense here in Houston, Texas. What are the penalties involved and will he be imprisoned?
Efren
Houston, TX
DWI is a very time-sensitive case so your brother needs to act quickly because his DWI charge in Houston, Texas is already his second DWI offense. Before I educate you on the penalties that would be involved if your brother will be convicted, let me remind you first the he must employ the services of an experienced DWI lawyer to help him file the necessary paperwork and defend him on his DWI case. Several aspects of his life will be greatly affected if he once again will be convicted for DWI.
Your brother will be imprisoned or pay fines if he gets convicted for his second DWI offense. That would be between 30 days to one year and the fines would be up to $4,000. He could also be penalized for both incarceration and fine. The probationary period could be up to 24 months long and include several conditions set by the judge. Having jail time as a condition for the probation is also normal. The driver’s license suspension would be from six months to two years. If the judge doesn’t set a term of suspension, the Department of Public Safety would suspend his license for one year. The completion of the required DWI Intervention Program would not prevent the suspension of his license.
Will My DWI Charge Result in License Suspension in Houston Texas?
Sep 13th
Reader’s Question:
I know that if someone is arrested for DWI in Houston, Texas, the driver’s license could be suspended. But what I need to know is that, do all DWI arrests end in the suspension of the driver’s license of the DWI suspect?
Holly
Houston, TX
The driver’s license suspension that you are referring to is the Administrative License Revocation (ALR), but not all DWI arrests end with suspended driver’s licenses. In most DWI cases, a “Notice of Suspension” is served immediately after the breath or blood alcohol test is failed or refused by the DWI suspect. Unless and until the driver’s license becomes suspended, the DWI suspect could drive without restriction.
A lot of police officers in Houston, Texas tell the people they arrest for DWI that the license is suspended as of the moment of arrest, which is not true. The DWI suspect would automatically lose his driver’s license unless a hearing request is received by the Department of Public Safety within 15 days upon the DWI suspect’s receipt of his notice of suspension. Making a timely and proper request would entitle the accused to a hearing if the driver’s license would be suspended. This administrative hearing would be conducted by the State Office of Administrative Hearings (SOAH) and this usually happens within six weeks of arrest. The driver’s license suspension ranges from 90 days to two years.
What is a DWI ALR Hearing in Houston Texas
Aug 29th
Reader’s Question:
Aside from keeping my driving privileges if I win my ALR hearing, what are the other benefits of this, how would I request for the hearing and how many days do I have to file it if I am charged with DWI in Houston, Texas?
Liezl
Houston, TX
If you’re charged with DWI in Houston, Texas, your request for an administrative license revocation (ALR) hearing should be received by the Texas Department of Public Safety no later than 15 days after receiving or are presumed to have received “Notice of Suspension.” In most DWI cases, that would be the 15th day after you were arrested. The notice of suspension is a sheet of paper which usually doubles as your “temporary driving permit.” At the bottom of your notice, you will see a fine print that would explain how to request an ALR hearing. You could request a hearing by calling on weekdays during normal business hours or you could also send your request through fax.
An ALR hearing should be requested whenever possible because even if you lose your ALR hearing, your DWI lawyer could obtain critical documents and information about your DWI arrest through the driver’s license “discovery” process. These information and documents would help in defending your DWI case in the criminal court.
Houston TX DUI Breath Test Refusal
Jul 25th
Reader’s Question:
If I refused to take a breathalyzer test or any form of testing when found driving under the influence in Houston, Texas, would that automatically mean suspension of my driver’s license? And if yes, is there a way for me to prevent it?
Adrian
Houston, TX
When found driving under the influence in Houston, Texas, there is a process that you have to go through first before your driver’s license is suspended. After an arresting officer charged you for DUI, you have the right to what is called an Administrative License Revocation Hearing (ALR hearings). At the time of your arrest, you should receive a written notice about the suspension of your driver’s license. Then you will have 15 days from the date of receipt, to request in writing, a hearing from the Department of Public Safety (DPS) headquarters. If you fail to request a hearing, you will lose the right for ALR and your license will be suspended on the 40th day after receiving the notice.
If the officer did not give you a notice about your license suspension, you will still get a notice from DPS sent to you via certified mail. After receiving the DPS notice, you will have 15 days to file for a hearing instead of 15 days from the date of your arrest. A 5-day grace period is given after the notice is mailed, giving you 15 days to request for a hearing. But it is advised not to rely on receiving a notice from DPS to request a hearing or you might end up waiving the right for ALR.
Houston Texas DUI SR22 Car Insurance
Jul 23rd
Reader’s Question:
My cousin told me that he needs to file SR22 car insurance because of his recent DUI conviction in Houston, Texas. He asked me to help him find out how long is it required. What is SR22 car insurance, how can he obtain one and how long does he have to carry it?
Earl
Houston, TX
SR22 car insurance is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance for the future, as required by law. In your cousin’s case, he is required to have it because of his DUI conviction in Houston, Texas. SR22 is a motor vehicle liability insurance which requires the insurance company to certify coverage to DPS, and the insurance company must notify DPS anytime the policy is cancelled, terminated or lapses. He can obtain SR22 by contacting an insurance agent/company who is authorized to write liability insurance for the State of Texas. Or better yet, just simply get an online rate quote for great SR22 car insurance in Houston from this site.
In Texas, SR22 is required for two years from the date of the DUI conviction or the date the judgment was rendered. If the SR22 is cancelled, terminated, or lapses, the insurance company will notify the Texas DPS. If it is still required for the driver to carry SR22 and it was not on file, the driving privilege and vehicle registration is suspended.
Should You Hire a Houston DWI Attorney?
Jun 30th
Reader’s Question:
When should I employ a qualified Houston Texas DWI attorney?
Joan
Houston, TX
Joan if you are thinking of employing a qualified Houston Texas attorney, you should do that as soon as possible. In Houston Texas, you will only have fifteen calendar days to get in touch with the Texas Department of Public Safety to plan your Administrative Licensure Revocation hearing to rescue your driver’s license. If you fail to notice the time limit, you will be deprived of your rights and your license will be suspended. The moment you appeal to your right to an attorney, the police are obligated to stop any gathering of facts on the basis of your early statements until your attorney is at your side. The more rapidly you have an attorney, the earlier your forceful argument will set in motion. I will recommend that you call upon your right to a Texas attorney as soon as you were stopped, if it is obvious that you may be accused with Driving While under the Influence.Moreover, there are many grounds why you should hire an attorney because they will give successful representation when you have been charged with Driving While Intoxicated. Clearly, there are thousands of dollars in fines and surcharges which must be paid upon sentenced.
Outside these cost, there are many guaranteed penalty which include loss of commercial driver’s license privileges, loss of vanity plates and inability to enter certain foreign countries. You can plead guilty to first offenses without be on familiar terms that your next violations require penalties which are much more severe. DWI convictions can also effect probable employment even where driving may not be appropriate to it.
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