Effect of DWI Dismissal on ALR License Suspension
Let’s say you are arrested for DWI in Austin, Tx, and face 2 cases: (1) the criminal DWI charge, and (2) the Driver’s License Suspension Hearing.
In Austin, the Driver’s License hearing will be probably be held before a resolution of the DWI, so again, continuing our hypothetical, let’s say the 180 day driver’s license suspension is imposed for your refusal to take the breath test. Remember, you were already under arrest for DWI when you were asked to submit to a specimen of breath or blood, so you made a wise choice as far as the criminal charge is concerned to refuse the test.
Now let’s say that your DWI lawyer goes to court, and prior to trial, works out a deal with the prosecutor that they agree to reduce the charge of DWI to Reckless Driving, or maybe even a traffic ticket. The benefit to you is that you are assured of not being convicted of DWI.
So you accept.
Well, you may still be under that DL suspension, driving around town with an Occupational License, but not 24/7 like you are used to. The suspension will be lifted, right?
Wrong. Only a ‘Not Guilty’ verdict at bench or jury trial will reverse the suspension now. Texas Transportation Code Section 524.015 states, in part:
…the disposition of a criminal charge does not affect a driver's license suspension under this chapter and does not bar any matter in issue in a driver's license suspension proceeding under this chapter… A suspension may not be imposed under this chapter on a person who is acquitted of a criminal charge under Section 49.04…
A ‘dismissal’ of a DWI charge is not an ‘acquittal’ (i.e., not guilty verdict), and therefore the license will stay suspended for the original term imposed. An in jurisdictions outside of Austin, where the DWI case may run quicker than the suspension hearing, you will still be facing the loss of your license.
In my experience, most clients prefer a certain outcome in terms of getting the DWI dismissed, than to risk it all by rolling the dice at trial. But it’s something to think about. And if you are facing DWI charges in Texas, your lawyer needs to be able to lay out all the options for you.
What if the evidence in a d.w.i. arrest was suppressed due to the fact the officer did an illegal stop? I did refuse any and all test due to the fact he did not give me a reason for stopping me.
What if officer intimidated me in to taking the breath test after I had already said no
what if the officer force me to do a breathalizer and not give me no choice to do a blood test? a blood test is more accurate than a breath test but i said i wanted to take a blood test and he said no. we are doin a breathalizer no ifs ands or buts about it. of course i failed it but thats why i wanted accurate readings so i wanted a blood test.
in my situation...i was pulled over by a city pd officer(was was being very argumentative and just an overall %ick)....he accused and charged me w/ dwi 3rd or more...there was another officer at the scene, 2 officers at he pd station, and a sherrifs deputy who said i wasnt drunk or showed no signs of it....the officer who stopped me asked for the breathalizer which i did refuse...then he forced me to do a blood draw and took me to jail...to top it off he said i was the politest and most respectful person he ever arrested...well the tests results came back and showed that i wasnt intoxicated....my lawyer went and showed evidence to the judge and the case was dismissed...now cause some ahole stopped me an charged me w/ dwi w/ no evidence but his opinion that particular night, i still have to have my license suspended for 2 yrs cause he charged me...i guess my question is even though it didnt go to court to be found not guilty...if the judge doesnt feel the case had sufficient evidence to even make it to trial and was dismissed...shouldnt that be enough for the alr suspension to be lifted...hell i'll pay the fine but i cant wait 2 yrs for my license back...i mean why waist the courts time and tax payers money for a trial if theres no need for it...why do i still have to suffer cause this guy was a %ick...whats to stop these officers for stopping anyone and charging them w/ dwi's w/ no evidence...just for being charged there are court costs, bond fee's, insurance will go up, alr fee's, license re-enstatement/occupational license fee's...if u dont get that there are driving w/ susupended license fee's....the only ones who suffer are the ones accussed and their families
in my situation...i was pulled over by a city pd officer(was was being very argumentative and just an overall %ick)....he accused and charged me w/ dwi 3rd or more...there was another officer at the scene, 2 officers at he pd station, and a sherrifs deputy who said i wasnt drunk or showed no signs of it....the officer who stopped me asked for the breathalizer which i did refuse...then he forced me to do a blood draw and took me to jail...to top it off he said i was the politest and most respectful person he ever arrested...well the tests results came back and showed that i wasnt intoxicated....my lawyer went and showed evidence to the judge and the case was dismissed...now cause some ahole stopped me an charged me w/ dwi w/ no evidence but his opinion that particular night, i still have to have my license suspended for 2 yrs cause he charged me...i guess my question is even though it didnt go to court to be found not guilty...if the judge doesnt feel the case had sufficient evidence to even make it to trial and was dismissed...shouldnt that be enough for the alr suspension to be lifted...hell i'll pay the fine but i cant wait 2 yrs for my license back...i mean why waist the courts time and tax payers money for a trial if theres no need for it...why do i still have to suffer cause this guy was a %ick...whats to stop these officers for stopping anyone and charging them w/ dwi's w/ no evidence...just for being charged there are court costs, bond fee's, insurance will go up, alr fee's, license re-enstatement/occupational license fee's...if u dont get that there are driving w/ susupended license fee's....the only ones who suffer are the ones accussed and their families