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 Under the Texas Transportation Code, you can only get a driver's license suspension rescinded if you are "acquitted" of your DWI in criminal court.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.