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DWI & Texas Driver’s License Suspension

SAVE YOUR LICENSE AFTER DWI ARREST!

Only 15 days after arrest to request a {TXcounty} ALR Hearing.

{TXcounty} DWI Attorney offers Free ALR Hearing Form to Request an to Avoid an Automatic DWI License Suspension.

This FREE assistance is provided to help you protect your license.

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If fewer than 15 days have passed since your arrest in {TXcounty}, you are entitled to demand an ALR hearing. For the reasons discussed below, it is vital that you request a hearing

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).


 

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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

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What is an ALR Hearing?
An Administrative License Revocation or ALR is an administrative process by which an individual who is arrested for driving while intoxicated or another intoxication-related offense seeks to prevent his/her motorist’s license from being suspended. A suspension can occur from either a refusal to submit to a blood or breath test or by supplying a specimen that leads to a 0.08 or higher blood alcohol concentration.

Exactly 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 driver can attack DPS’s case by presenting any legal problems that might exist. Unlike the criminal case, which should be shown beyond a reasonable doubt, the burden of proof in an ALR hearing is justadequate of evidence.

Your License is not Yet Suspended.

You have to understand that your license has not actually been suspended at the time of arrest. Because the police took your license, it appears that it has actually 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 (normally the date of arrest). If you timely demanded 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 have the ability to protect restricted license, called an occupational license to drive legally.

How to Win an ALR Hearing

  1. Delay Suspension Your license suspension does not go into impact up until the ALR hearing choice judgment protests you. For that reason, instead of having 40 days to operate on the short-lived license, you might have several months where you are driving without restriction. If the judge guidelines in your favor, no administrative suspension will happen. There is the possibility of a conviction suspension.
  2. Arrange Temporary License The majority of knowledgeable lawyers will have a petition for occupational license prepared so that you can acquire an Occupational License as soon as possible if the ALR decision is rendered versus you. To prevent suffering a long period of suspension after a hearing, it is well to prepare the ODL, so it can be filed quickly after the hearing.
  3. Cross Exam Arresting Officer Lots of hearings are held entirely on the police report, since you win if the cops did not effectively record the proof needed for DPS to win. If the officer goes to the hearing, they can treat the shortage with their statement, rejecting defense the win that was possible only with the inadequate authorities report.

Your attorney might subpoena the arresting officer to show up at the hearing. This is provided for different reasons. If the police report is appropriate for DPS to win, then it may be rewarding to subpoena the officer, hoping their lack will allow a defense win. Likewise, if a trial of the DWI case is being considered, the ALR hearing allows the officer to be taken a look at under oath, wishing to discover info that will be useful in trial. Your attorney will have the ability to cross-examine the officer shows up that the ALR hearings. This supplies us with a discovery opportunity to question the officer who jailed you. There are a number of advantages to doing this. Chief amongst them is that we have the ability to cross-examine officers without the existence of a criminal district attorney to redirect 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 additional cost and problem isn’t worth it otherwise.
Your lawyer 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 measure his/her blood alcohol concentration (BAC) level. The driver 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 private then has 15 days from the date the suspension notice is served to “request an ALR hearing.”

  • The law enforcement officer will take the individual’s motorist license and release a short-lived operating authorization.
  • A $125 Reinstatement Cost is required 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.

Importance of Your “Notification of Suspension”

The notice of suspension functions as your “temporary operating license.” It is marked “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 driver’s license until either 40 days after arrest or, if a timely demand is made for an ALR hearing, the hearing takes place and a suspension occurs. If the ALR judge rejects the DPS request for suspension, your license continues to stand.

What Takes place 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 notification was served. (This is typically 40 days after the arrest.).

How To Ask for An ALR Hearing?
You or your attorney may ask for an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout normal service hours. You may also send your demand via fax at 512-424-2650. The easiest method to demand a hearing is to make the most of our FREE ALR DEMAND. To do so, total our FREE assessment form to provide us with the details we have to make the ask for you.

In addition to adequately likely} than an offense has been happening. An example of likely cause would be anty traffic offense or failed field sobriety test( s) or confessing to drinking alcohol. The legal requirements to fulfill this test are extremely low, so DPS often wins this problem.

3. Justification to Suspend Your License

Finally, DPS must prove that the motorist either took a breath or blood test and had a blood alcohol concentration of over.08 or the motorist chose not to breathe or blood test.

Legal Standard Favors DPS

Understand thatpreponderance of the evidence 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 release a final, appealable choice and order. If the judge finds that DPS has shown its case, the judge will authorize the suspension of the person’s driver’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 attorneys help the judge find that DPS has not shown its case, the person’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 provide a specimen of your breath or blood for a period of 180 days, even if you are entirely innocent of operating while intoxicated.
If you supply a specimen above the legal limit of.08, your license will be suspended for no less than 90 days. The license suspension differs depending on 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 specific stopped working the breath or blood test:
( 1) 90 days if the person’s driving record shows no alcohol-related or drug-related enforcement contact throughout the 10 years preceding the date of the individual’s arrest; or
( 2) one year if the person’s operating record reveals several alcohol-related or drug-related enforcement contacts throughout the 10 years preceding the date of the person’s arrest.

License Suspension for Declining 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 a motor vehicle 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 person’s driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Area 524.001( 3), during the 10 years preceding the date of the person’s arrest. Check this Additional Reference.

For how long does it take to get an ALR hearing?

Once your legal representative demands 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 generally a few weeks to months from the date of the notification.

ALR Hearings and License Suspensions

Because of the complexities involved in administrative license cancellations and license suspensions, it is constantly much better to work with an attorney to manage these problems for you. Your legal representative will ask for the hearing, subpoena jailing 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 contact your local DPS workplace to have your license reinstated. You will be responsible for paying a reinstatement cost, which is at least $125. Your legal representative will be able to validate your eligibility for reinstatement before you go in by logging into the DPS website.

Can an ALR choice be appealed?

Yes. You will be required to pay a charge to appeal the underlying choice, but you might appeal the ALR choice. This likewise 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 achieve success.

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