DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Bexar County TX ALR Hearing.
Bexar County TX DWI Attorney offers Free ALR Hearing Form to Seek an to Prevent 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 jailed for driving while inebriated or another intoxication-related offense looks for 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 offering a specimen that results in a 0.08 or higher 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 case. DPS has the burden of proof in an ALR hearing. The motorist can attack DPS’s case by presenting any legal issues that might exist. Unlike the criminal case, which need to be shown beyond a reasonable doubt, the burden of proof in an ALR hearing is onlyadequate of evidence.
Your License is not Yet Suspended.
You need to know that your license has not been suspended at the time of arrest. Considering that the authorities took your license, it appears that it has been suspended, but it is not. Nevertheless, to avoid suspension, you should seek an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notification of Suspension (usually the date of arrest). If you prompt requested 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 may have the ability to protect limited license, referred to as an occupational license to operate legally.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into effect up until the ALR hearing decision ruling is against you. Therefore, instead of having 40 days to drive on the short-lived license, you may have a number of months where you are operating without restriction. If the judge rules in your favor, no administrative suspension will take place. There is the possibility of a conviction suspension.
- Arrange Temporary License A lot of knowledgeable lawyers will have a petition for occupational license prepared so that you can obtain an Occupational License as quickly as possible if the ALR choice is rendered against you. To prevent suffering an extended period of suspension after a hearing, it is well to prepare the ODL, so it can be filed immediately after the hearing.
- Cross Exam Arresting Officer Many hearings are held exclusively on the authorities report, because you win if the cops did not sufficiently document the evidence needed for DPS to win. If the officer attends the hearing, they can cure the deficiency with their testament, rejecting defense the win that was possible just with the insufficient authorities report.
Your lawyer might subpoena the apprehending officer to show up at the hearing. This is provided for various factors. If the authorities report is appropriate for DPS to win, then it may be beneficial 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 enables the officer to be taken a look at under oath, wanting to discover information that will work in trial. Your legal representative will be able to cross-examine the officer shows up that the ALR hearings. This offers us with a discovery opportunity to question the officer who detained you. There are a number of advantages to doing this. Chief among them is that we have the ability to cross-examine officers without the presence of a criminal prosecutor to reroute them or prepare them.
RISK: Police Get to Supplement their report. Some legal representatives consider this clever, 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 just subpoena the officer if the situation is desperate or the officer’s statement is crucial to trial preparation. The extra cost and difficulty isn’t really worth it otherwise.
Your lawyer will acquire any non-privileged discovery, such as the offense reports prior to the hearing.
What is The Texas ALR Process
The Chauffeur is asked to breathe or blood test to determine his/her blood alcohol concentration (BAC) level. The driver is served a “notice of suspension” that his/her driver license will be suspended because of a rejection to take or failure of the field sobriety test. The specific then has 15 days from the date the suspension notification is served to “ask for an ALR hearing.”
- The law enforcement officer will take the individual’s chauffeur license and release a short-term driving authorization.
- A $125 Reinstatement Cost is needed prior to the renewal or issuance of a driver license.
- $10 for each year of temporary license
- You might be needed to take a course or other type of rehab.
Value of Your “Notice of Suspension”
The notice of suspension functions as your “momentary driving authorization.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notice discusses how to ask for an ALR hearing. It is valid chauffeur’s license up until either 40 days after arrest or, if a prompt request is made for an ALR hearing, the hearing happens and a suspension happens. If the ALR judge denies the DPS demand for suspension, your license continues to stand.
What Happens If You Fail to Ask for An ALR Hearing?
If a hearing is not asked for, the suspension enters into effect on the 40th day after the notice was served. (This is typically 40 days after the arrest.).
The best ways to Ask for An ALR Hearing?
You or your lawyer may seek an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout regular company hours. You might also send your demand via fax at 512-424-2650. The most convenient method to ask for a hearing is to make the most of our FREE ALR DEMAND. To do so, complete our FREE examination type to provide us with the info we need to make the ask for you.
In addition to adequately likely} than an offense has been committed. An example of likely cause would be crossing traffic lanes or failed field sobriety test( s) or confessing to drinking alcohol. The legal requirements to fulfill this test are very low, so DPS generally wins this problem.
3. Justification to Suspend Your License
Lastly, DPS should show that the motorist either breathed or blood test and had a blood alcohol concentration of over.08 or the driver chose not to breathe or blood test.
Legal Standard Favors DPS
Understand thatpreponderance of the evidence is a really 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 release a last, appealable decision and order. If the judge discovers that DPS has actually proven its case, the judge will license the suspension of the individual’s chauffeur’s license.
Experienced DWI Lawyers Do Win Some Cases
It is a waste of time for untrained persons to try ALR hearings, because they are VERY technical. On the other hand, experienced DWI lawyers help the judge discover that DPS has not shown its case, the person’s driver’s license will not be suspended.
Administrative License Suspension Durations.
If your license has been suspended because of a DWI arrest, you only have 15 days to ask for a hearing objecting to the license suspension.
Your license may be suspended if you refuse to provide a specimen of your breath or blood for a duration of 180 days, even if you are totally innocent of operating while inebriated.
If you provide a specimen above the legal limit of.08, your license will be suspended for no less than 90 days. The license suspension varies 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 individual’s arrest; or
( 2) one year if the person’s driving record shows several alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the individual’s arrest.
License Suspension for Refusing a Breath or Blood Test
Transportation Code 724.035 sets out the suspension duration for refusal cases.
( 1) suspend the individual’s license to operate an automobile on a public highway for 180 days; or
( 2) if the individual is a resident without a license, provide an order rejecting the issuance of a license to the individual for 180 days.
( b) The period of suspension or denial is two years if the individual’s driving record reveals one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001( 3), during the Ten Years preceding the date of the individual’s arrest.
How long does it take to get an ALR hearing?
Once your lawyer demands the ALR hearing, it can take four weeks to 120 days for DPS to arrange a hearing date. Your legal representative will be informed of this date, which is usually a few weeks to months from the date of the notification.
ALR Hearings and License Suspensions
Due to the fact that of the intricacies associated with administrative license cancellations and license suspensions, it is constantly better to employ a lawyer to handle these concerns for you. Your legal representative will seek the hearing, subpoena arresting 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 restored. You will be accountable for paying a reinstatement fee, which is at least $125. Your legal representative will be able to verify your eligibility for reinstatement prior to you enter by logging into the DPS site.
Can an ALR choice be appealed?
Yes. You will be required to pay a charge to appeal the underlying choice, but you may appeal the ALR choice. This likewise grants you more time to drive on your license without the suspension going into impact. Unfortunately, the law is extremely beneficial to the administrative judge, so few appeals are successful.