Reader’s Question:
A friend of mine was accused of DWI here in Houston, Texas and I was surprised that he was charged with two separate crimes. If in case I get arrested for DWI, what do you think is the best thing that I should do?
David
Houston, TX
If in case you are stopped for driving while intoxicated or DWI in Houston, Texas, you just have to be polite to the police officer. You have to cooperate with what the officer asks you to do because it would be against your own interests to be rude or uncooperative. You could find yourself in this situation and your background (apart from any previous DWI offenses) would have no relevance, but your behavior when stopped would definitely be much relevant.
The basic limit of blood alcohol is 0.08% and if you have a blood alcohol test result above the legal level, you have to cooperate and try to take any subsequent tests. The state of Texas has an “implied consent” law, which means that when you obtained your driver’s license, you implicitly agreed to take a blood alcohol test if you are suspected of DWI. If you refuse to take the breath or blood alcohol test, it could be treated as a separate crime and your driver’s license could be suspended for a year and it could be viewed as admitting your own guilt.
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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.
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