Plano DWI Lawyer Blog

On July 8, 2010 the Texas Sentate Criminal Justice Commitee heard wide ranging testimony
on DWI policy. Among the topics discussed were the surcharges imposed on people convicted of DWI and the potential for legislation authorizing sobriety checkpoints.

At the Dallas Morning News, it was reported that witnesses testified that,

"stiff civil fines and mandatory punishments have prompted those arrested for driving while intoxicated to refuse plea deals and probation that could include treatment and alcohol monitoring. Instead, they are insisting on jury trials."

Resulting in a  "20 percent drop in conviction rates since 2005, and a court backlog of 125,000 casescivil fines and mandatory punishments have prompted those arrested for driving while intoxicated to refuse plea deals and probation that could include treatment and alcohol monitoring. Instead, they are insisting on jury trials."

It doens't appear that any of the witnesses attributed any portion of the drop in conviction rates to not guilty verdicts delivered by juries due to the filing of marginal or poorly investigated cases.

The Houston Chronicle coverage of the hearings reported on testimony concerning the potential that Texas may move forward on establish the legal framework authorizing sobriety checkpoints.  As I have blogged about in the past, The Texas Court of Criminal Appeals ruled approximately fifteen years ago that sobriety checkpoints, without specific legislative authorization, are unreasonable and therefore unconstitutional.  Since that time, the political will to pass law establishing such checkpoints has not existed.  Perhaps that is changinng, perhaps not.

  In some of the testimony yesterday, Bill Lewis of M.A.D.D. analogized the public roads of Texas with airport security checkpoints while testfiying in support of checkpoints.  Said Mr. Lewis "I've never tried to carry a gun into the airport or the Capitol or the Senate gallery, yet I go through a checkpoint." 

There will always be a tension between public safety and individual privacy as guaranteed by the Constitution.  If Mr. Lewis envisions a society in which travel n public roads is as intrusive and regulated as passing through airport security, I must confess that I don't share the same view.

When a person is arrested for DWI in Texas, they will soon face a criminal charge. Most people understand this. Many of the people that consult with me about their DWI  do not know that they will soon be dealing with a civil case that is addressed exclusivley to the issue of whether their license to drive will be suspended.  This civil case is known as Administrative License Revocation or ALR .

Many people who are aware of the process and the deadlines, nevertheless don't understand the value in exercsing their right to a hearing.  I am frequently asked if the hearings can be won.  The answer is an emphatic YES!  ALR hearing can be won, and often are won by experienced and dilligent DWI attorneys. 

Some of the reasons why it is always a good idea to request an ALR hearing are as follows.

1.  It is one method to force disclosure of the "discovery."  The discovery is a term that refers to the documentary evidence that the Department of Public Safety's attorneys plan to use to seek suspension fo your license.  By using the ALR discovery process, you can force the State to reveal details about the evidence against you.

2.  You can subpoeana the arresting officer to the ALR hearing.  By issuing a subpoena to the arresting officer you can compel his or her testimony under oath.  This may be the only opportunity that you will have to question the officer under oath about the facts of your case prior to trial.

3.   The ALR hearing is an opportunity to explore defenses and issues in your criminal DWI case.  At the ALR hearing, you will have an opportunity to, among other things, contest the legality of the stop of your car, contest the lawfulness of the process by which your breath or blood was collected.

4.  ALR hearings are often won.  With an experienced DWI attorney, flaws in the ALR case can be exposed and turned to your advantage.  If you win the ALR hearing, the Department of Public Safety will not be authorized to suspend your license.

5.  When you request an ALR hearing, your license to drive will be preserved at least until the hearing. 

What should your attorney look for in handling an ALR case?

Just by way of example,

Did the police stop your car lawfully?

Does the admissible evidence concerning the police observations establish probable cause to arrest?

In a Chapter 524 case, is there admissible proof that you operated the car?

In a blood test case, was blood collected in a sanitary place by a person authorized to draw blood.

Did the police comply with the fifteen minute observation period?

Did the police impart any erroneous advice related to the consequences of refusing or taking a breath test? 

Was the discovery promptly turned over by the Department's Attoreys?

This is a just a partial list of the sort of issues that can be effectively raised in properly handling an ALR case.  If you have been arrested for DWI, please do yourself a favor and consult and experienced DWI attorney within FIFTEEN DAYS of your arrest.  The failure to request an ALR hearing within 15 days will result in a suspension of your license.