How can an attorney mitigate the DMV penalties? Is the DMV administrative hearing winnable?
Gary Churak's Answer
It would depend on what the attorney does at an administrative hearing. The only way that you can win in an administrative hearing in Texas is to subpoena the officer and if the officer does not show on a number of occasions, the administrative judge will dismiss the case. They do not even need the live testimony of an officer; all they will need to do is establish through documents certified copies of the police report and the DCI25 that basically the officer had a probable cause for the arrest that he offered the defendant to take a blood or alcohol test, that the defendant took the test and failed or refused the test. That’s all they have to prove for an ALR license suspension. So, it’s pretty much a stack Kangaroo Court losing your license if you get pulled over for DWI. It’s my recommendation that it’s always a better pop for your dollar to have your attorney go ahead and get you an occupational license versus trying to fight an ALR suspension.