DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Azle, TX ALR Hearing.
Azle, TX DWI Attorney offers Free ALR Hearing Form to Arrange an to Avoid an Automatic DWI License Suspension.
This FREE assistance is provided to help you protect your license.
We will prepare your seek an ALR hearing at NO COST or obligation to you. If more than 15 days have passed, consider a restricted license (ODL).
This information is provided to you by an experienced DWI attorney who has been a law journal editor, US Attorney (USAF JAG) and Texas State Associate Judge because few citizens have had time to hire a lawyer in the first 15 days after the arrest.
ALR Hearing Questions
What is an ALR Hearing?
An Administrative License Suspension or ALR is an administrative process by which a person who is arrested for operating while inebriated or another intoxication-related offense seeks to prevent his/her driver’s license from being suspended. A suspension can happen from either a rejection to submit to a blood or breath test or by providing a specimen that results in a 0.08 or greater blood alcohol concentration.
Exactly what is an ALR Hearing?
An ALR hearing is a hearing that is held with an Administrative Law Judge (ALJ) who pays attention to the proof in the event. DPS has the burden of proof in an ALR hearing. The chauffeur can challenge DPS’s case by presenting any legal problems that may exist. Unlike the criminal case, which should be proven beyond a sensible doubt, the burden of proof in an ALR hearing is onlysufficient of evidence.
Your License is not Yet Suspended.
You have to understand that your license has not been suspended at the time of arrest. Since the police took your license, it appears that it has been suspended, but it is not. However, to avoid suspension, you need to ask for an Administrative License Cancellation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). If you prompt asked for a hearing to contest your license suspension, you will be able to continue driving until the hearing [or longer. If you lose at the hearing, you can not operate after the hearing. If your license is suspended at the hearing, you might be able to protect restricted license, known as an occupational license to drive lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into impact up until the ALR hearing decision ruling is against you. Therefore, instead of having 40 days to operate on the short-term license, you may have numerous months where you are driving without limitation. If the judge rules in your favor, no administrative suspension will occur. There is the possibility of a conviction suspension.
- Arrange Temporary License Many knowledgeable lawyers will have a petition for occupational license prepared so that you can get an Occupational License as soon as possible if the ALR decision is rendered against you. To avoid suffering a long period of suspension after a hearing, it is well to prepare the ODL, so it can be submitted without delay after the hearing.
- Cross Exam Arresting Officer Numerous hearings are held entirely on the authorities report, since you win if the authorities did not effectively record the proof needed for DPS to win. If the officer goes to the hearing, they can cure the deficiency with their testament, rejecting defense the win that was possible just with the inadequate cops report.
Your legal representative may subpoena the arresting officer to show up at the hearing. This is done for various factors. If the police report is appropriate for DPS to win, then it might be worthwhile to subpoena the officer, hoping their lack will permit a defense win. Also, if a trial of the DWI case is being considered, the ALR hearing allows the officer to be analyzed under oath, wanting to discover information that will work in trial. Your attorney will have the ability to cross-examine the officer appears that the ALR hearings. This offers us with a discovery opportunity to question the officer who arrested you. There are a variety of advantages to doing this. Chief amongst them is that we are able to cross-examine officers without the presence of a criminal district attorney to redirect them or prepare them.
RISK: Police Get to Supplement their report. Some legal representatives consider this wise, even if it leads to loss of an otherwise winnable ALR hearing. My preference is to take a win if I can get it and only subpoena the officer if the scenario is desperate or the officer’s testimony is important to trial preparation. The additional expense and trouble isn’t worth it otherwise.
Your attorney will get any non-privileged discovery, such as the offense reports prior to the hearing.
Exactly what is The Texas ALR Process
The Motorist is asked to take a breath or blood test to determine his/her blood alcohol concentration (BAC) level. The motorist is served a “notification of suspension” that his/her driver license will be suspended because of a rejection to take or failure of the field sobriety test. The individual then has 15 days from the date the suspension notification is served to “ask for an ALR hearing.”
- The police officer will take the individual’s driver license and provide a short-term operating permit.
- A $125 Reinstatement Cost is required prior to the renewal or issuance of a motorist license.
- $10 for each year of temporary license
- You may be needed to take a course or other type of rehab.
Value of Your “Notification of Suspension”
The notification of suspension doubles as your “short-lived driving authorization.” It is significant “DIC-25” and written in the upper right-hand corner. The bottom of your notice discusses ways to ask for an ALR hearing. It stands motorist’s license up until either 40 days after arrest or, if a prompt demand is produced an ALR hearing, the hearing takes place and a suspension takes place. If the ALR judge denies the DPS seek for suspension, your license continues to be valid.
What Happens If You Fail to Ask for An ALR Hearing?
If a hearing is not demanded, the suspension goes into result on the 40th day after the notice was served. (This is typically 40 days after the arrest.).
Ways to Ask for An ALR Hearing?
You or your legal representative may request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout typical business hours. You might also send your demand by means of fax at 512-424-2650. The easiest method to demand a hearing is to benefit from our FREE ALR request. To do so, total our FREE assessment form to offer us with the details we have to make the ask for you.
In addition to adequately likely} than an offense has been committed. An example of probable cause would be crossing traffic lanes or refusing field sobriety test( s) or confessing to drinking alcohol. The legal requirements to satisfy this test are very low, so DPS usually wins this issue.
3. Justification to Suspend Your License
Lastly, DPS needs to prove that the motorist either breathed or blood test and had a blood alcohol concentration of over.08 or the driver chose not to take a breath or blood test.
Legal Standard Favors DPS
Understand thatsufficient of the proof is an extremely low requirement so DPS frequently wins these hearings. In fact, in north Texas, DPS wins these hearings over 95% of the time. After the hearing, the ALJ will provide a last, appealable choice and order. If the judge discovers that DPS has shown its case, the judge will authorize the suspension of the individual’s motorist’s license.
Experienced DWI Lawyers Do Win Some Cases
It is a waste of time for inexperienced lawyers to attempt ALR hearings, because they are VERY technical. On the other hand, experienced DWI advocates help the judge discover that DPS has not proven its case, the person’s driver’s license will not be suspended.
Administrative License Suspension Periods.
If your license has been suspended because of a DWI arrest, you only have 15 days to ask for a hearing contesting the license suspension.
Your license might be suspended if you choose not to offer a specimen of your breath or blood for a duration of 180 days, even if you are entirely innocent of operating while intoxicated.
If you offer a specimen above the legal limit of.08, your license will be suspended for no less than 90 days. The license suspension differs depending upon if you have an operator’s license, a commercial license or chauffeur license.
License Suspension for Failing a Breath or Blood Test
Transportation Code 524.022 sets out the length of suspensions in cases where the individual failed the breath or blood test:
( 1) 90 days if the individual’s driving record reveals no alcohol-related or drug-related enforcement contact throughout the Ten Years preceding the date of the person’s arrest; or
( 2) one year if the individual’s driving record shows several alcohol-related or drug-related enforcement contacts during the Ten Years preceding the date of the person’s arrest.
License Suspension for Refusing a Breath or Blood Test
Transportation Code 724.035 sets out the suspension duration for rejection cases.
( 1) suspend the person’s license to operate an automobile on a public highway for 180 days; or
( 2) if the person is a citizen without a license, release an order rejecting the issuance of a license to the person for 180 days.
( b) The period of suspension or denial is 2 years if the individual’s operating record shows one or more alcohol-related or drug-related enforcement contacts, as specified by Area 524.001( 3), throughout the Ten Years preceding the date of the person’s arrest.
The length of time does it take to get an ALR hearing?
As soon as your attorney requests the ALR hearing, it can take four weeks to 120 days for DPS to schedule a hearing date. Your legal representative will be informed of this date, which is usually a couple of weeks to months from the date of the notice.
ALR Hearings and License Suspensions
Because of the intricacies associated with administrative license cancellations and license suspensions, it is constantly better to hire an attorney to handle these problems for you. Your legal representative will demand the hearing, subpoena detaining officer(s), prepare your defense, and argue your case for you.
How do I get my license back after the suspension period in Texas?
After the suspension duration is over, you might call your local DPS workplace to have your license reinstated. You will be responsible for paying a reinstatement cost, which is at least $125. Your lawyer will be able to confirm your eligibility for reinstatement before you enter by logging into the DPS site.
Can an ALR decision be appealed?
Yes. You will be forced to pay a cost to appeal the underlying decision, however you might appeal the ALR decision. This likewise grants you more time to drive on your license without the suspension going into result. Sadly, the law is very beneficial to the administrative judge, so very few appeals succeed.