Driving While Intoxicated Arrest

Another reason to request an ALR hearing after your Driving While Intoxicated arrest.  I recently had a client get a DWI case dismissed by a prosecutor's office.  However, when he originally got arrested, he decided not to contest the automatic driver's license suspension for refusing to take a breath test, and the Department of Public Safety suspended his license for six months as a result. 

So, of course, he assumes that, since his DWI case was dismissed in criminal court, that he gets his driver's license back, right?  Unfortunately, the answer is "no."  Under the Texas Transportation Code, you can only get a driver's license suspension rescinded if you are "acquitted" of your DWI in criminal court.  However, DPS conveniently interprets "acquitted" as meaning you actually went to trial and were found not guilty. 

The mere act of a prosecutor deciding to dismiss a case on his own because he believes the evidence is insufficient is not considered to be an "acquittal" by DPS because no judge or jury actually rendered a verdict in the case.  So even though the client walked on the DWI case, he still gets to live with the license suspension for months to come.  If you are trying to keep your license, always have your lawyer request a license suspension hearing.  Don't pin your hopes on the outcome of the DWI in criminal court.

Publicly Intoxicated?

We often represent people in Public Intoxication cases.  Clients often ask what it means to be "publicly intoxicated."  That's hard to define, but here's a clear example: According to the Palm Beach Post, a Florida man lost his arm early Sunday, after trying to swim across an alligator-infested canal.  Kasey Edwards, 18, was drinking with friends at about 2 a.m., when he decided to swim across Nubbin Slough, a canal that empties into Lake Okeechobee and that is notorious for being chocked-full of gators.  Some of his friends tried to persuade him not to take the plunge, but he dove in anyway.  After Edwards splashed into the canal, an 11-foot alligator rose up and clamped Edwards in its jaws.