Should I Have A License Revocation Hearing?
– TY, Texas
If you refuse a breath test your license may be revoked. You are entitled to a hearing. You will be given a temporary permit to drive for a short time or until your hearing. It is your responsibility to request the hearing within 15 days of your refusal.
This hearing is your opportunity to question the reason(s) for your stop. If the police stopped you for an invalid reason, your license may not be revoked. Your attorney may also learn important details about your case before you proceed on the pending DWI.
For example, if you were stopped for a tail light not working, you may be able to obtain witness statements that in fact it was working. This will assist your attorney in defending your criminal case.
Other than an hour or two of your time, you have nothing to lose and much to gain.
This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.