DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Bullard ALR Hearing.
Bullard DWI Attorney offers Free ALR Hearing Form to Seek an to Avoid an Automatic DWI License Suspension.
This FREE assistance is provided to help you protect your license.
We will prepare your demand 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 procedure by which an individual who is jailed for operating while intoxicated or another intoxication-related offense seeks to prevent his or her driver’s license from being suspended. A suspension can occur from either a refusal to submit to a blood or breath test or by providing a specimen that leads to a 0.08 or greater blood alcohol concentration.
What is an ALR Hearing?
An ALR hearing is a hearing that is occurs with an Administrative Law Judge (ALJ) who listens to the evidence in the case. DPS has the burden of proof in an ALR hearing. The chauffeur can attack DPS’s case by presenting any legal problems that may exist. Unlike the criminal case, which should be shown beyond a reasonable doubt, the burden of proof in an ALR hearing is onlyadequate of proof.
Your License is not Yet Suspended.
You need to understand that your license has not been suspended at the time of arrest. Considering that the police took your license, it appears that it has been suspended, but it is not. However, to prevent suspension, you should ask for an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notification of Suspension (typically the date of arrest). If you timely asked for a hearing to contest your license suspension, you will have the ability to continue operating up until the hearing [or longer. If you lose at the hearing, you can not drive after the hearing. If your license is suspended at the hearing, you may have the ability to protect limited license, called an occupational license to operate lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into impact up until the ALR hearing choice judgment protests you. Therefore, instead of having 40 days to operate on the momentary license, you may have numerous months where you are operating without limitation. If the judge rules in your favor, no administrative suspension will take place. There is the possibility of a conviction suspension.
- Arrange Temporary License Many knowledgeable attorneys will have a petition for occupational license prepared so that you can acquire 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 quickly after the hearing.
- Cross Exam Arresting Officer Many hearings are held entirely on the cops report, since you win if the cops did not sufficiently document the proof needed for DPS to win. If the officer attends the hearing, they can cure the deficiency with their statement, denying defense the win that was possible just with the inadequate authorities report.
Your legal representative may subpoena the detaining officer to appear at the hearing. This is provided for various reasons. If the police report is sufficient for DPS to win, then it may be worthwhile to subpoena the officer, hoping their lack will allow a defense win. Likewise, if a trial of the DWI case is being thought about, the ALR hearing enables the officer to be analyzed under oath, wishing to discover details that will be useful in trial. Your legal representative will be able to cross-examine the officer appears that the ALR hearings. This supplies us with a discovery chance to question the officer who arrested you. There are a variety of advantages to doing this. Chief amongst them is the fact that we are able to cross-examine officers without the presence of a criminal prosecutor to redirect them or prepare them.
RISK: Police Get to Supplement their report. Some lawyers consider this smart, even if it results in 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 circumstance is desperate or the officer’s testimony is critical to trial preparation. The additional expenditure and trouble isn’t worth it otherwise.
Your legal representative will get any non-privileged discovery, such as the offense reports prior to the hearing.
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 chauffeur is served a “notice of suspension” that his/her motorist license will be suspended because of a rejection to take or failure of the field sobriety test. The private then has 15 days from the date the suspension notice is served to “ask for an ALR hearing.”
- The law enforcement officer will take the individual’s chauffeur license and provide a temporary driving permit.
- A $125 Reinstatement Charge is needed prior to the renewal or issuance of a chauffeur license.
- $10 for each year of temporary license
- You may be required to take a course or other type of rehab.
Value of Your “Notice of Suspension”
The notice of suspension functions as your “short-term driving license.” It is significant “DIC-25” and written in the upper right-hand corner. The bottom of your notice explains how to ask for an ALR hearing. It stands motorist’s license till either 40 days after arrest or, if a prompt request is made for an ALR hearing, the hearing occurs and a suspension occurs. If the ALR judge denies the DPS demand for suspension, your license continues to be valid.
What Happens If You Fail to Ask for An ALR Hearing?
If a hearing is not seeked, the suspension enters into effect on the 40th day after the notice was served. (This is normally 40 days after the arrest.).
How To Ask for An ALR Hearing?
You or your lawyer might demand an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout regular service hours. You may likewise send your demand through fax at 512-424-2650. The simplest way to demand a hearing is to take advantage of our FREE ALR demand. To do so, total our FREE assessment type to offer us with the information we need to make the request for you.
In addition to adequately likely} than an offense has actually been happening. An example of probable cause would be crossing traffic lanes or refusing field sobriety test( s) or admitting to drinking alcohol. The legal requirements to satisfy this test are really low, so DPS usually wins this problem.
3. Justification to Suspend Your License
Lastly, DPS should prove that the driver either took a breath or blood test and had a blood alcohol concentration of over.08 or the chauffeur chose not to take a breath or blood test.
Legal Standard Favors DPS
Understand thatsufficient of the evidence is a really low standard so DPS typically 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 final, appealable choice and order. If the judge discovers that DPS has proven its case, the judge will license the suspension of the person’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 find that DPS has actually not shown its case, the individual’s chauffeur’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 supply a specimen of your breath or blood for a period of 180 days, even if you are totally innocent of operating while intoxicated.
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 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 stopped working the breath or blood test:
( 1) 90 days if the person’s operating record reveals no alcohol-related or drug-related enforcement contact during the Ten Years preceding the date of the person’s arrest; or
( 2) one year if the person’s operating record shows one or more alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the individual’s arrest.
License Suspension for Declining a Breath or Blood Test
Transportation Code 724.035 sets out the suspension period for rejection cases.
( 1) suspend the individual’s license to run an automobile on a public highway for 180 days; or
( 2) if the person is a resident without a license, release an order denying the issuance of a license to the individual for 180 days.
( b) The duration of suspension or denial is two years if the individual’s operating record reveals several alcohol-related or drug-related enforcement contacts, as defined by Area 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?
When your legal representative demands the ALR hearing, it can take four weeks to 120 days for DPS to set up a hearing date. Your attorney 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
Since of the intricacies associated with administrative license revocations and license suspensions, it is always better to work with an attorney to manage these issues for you. Your lawyer will ask for 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 period is over, you may call your local DPS office to have your license reinstated. You will be accountable for paying a reinstatement charge, which is at least $125. Your lawyer will have the ability to verify your eligibility for reinstatement prior to you go in by logging into the DPS site.
Can an ALR choice be appealed?
Yes. You will be forced to pay a cost to appeal the underlying choice, but you may appeal the ALR decision. This also grants you more time to drive on your license without the suspension entering into effect. Regrettably, the law is extremely favorable to the administrative judge, so very few appeals succeed.