DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Fort Bend County TX ALR Hearing.
Fort Bend County TX DWI Attorney offers Free ALR Hearing Form to Demand 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 Revocation or ALR is an administrative procedure by which a person who is jailed for driving while inebriated or another intoxication-related offense seeks to prevent his/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 supplying 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 listens to the evidence in the event. DPS has the burden of proof in an ALR hearing. The motorist can attack DPS’s case by providing any legal problems that may exist. Unlike the criminal case, which must be shown beyond a sensible doubt, the burden of proof in an ALR hearing is onlypreponderance of proof.
Your License is not Yet Suspended.
You have to understand that your license has not been suspended at the time of arrest. Since the authorities took your license, it appears that it has been suspended, but it is not. Nevertheless, to avoid 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 be able to continue driving 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 might be able to secure limited license, called an occupational license to drive lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into result until the ALR hearing choice ruling protests you. For that reason, instead of having 40 days to drive on the temporary license, you might have numerous months where you are operating without limitation. If the judge rules in your favor, no administrative suspension will happen. There is the possibility of a conviction suspension.
- Arrange Temporary License Many experienced lawyers will have a petition for occupational license prepared so that you can obtain an Occupational License as soon as possible if the ALR decision is rendered against you. To prevent suffering a long period of suspension after a hearing, it is well to prepare the ODL, so it can be submitted promptly after the hearing.
- Cross Exam Arresting Officer Lots of hearings are held entirely on the authorities report, because you win if the cops did not properly record the evidence needed for DPS to win. If the officer goes to the hearing, they can treat the deficiency with their testimony, rejecting defense the win that was possible only with the inadequate police report.
Your legal representative might subpoena the arresting officer to show up at the hearing. This is done for various reasons. If the cops report is adequate for DPS to win, then it might be worthwhile to subpoena the officer, hoping their lack will allow a defense win. Also, if a trial of the DWI case is being considered, the ALR hearing permits the officer to be analyzed under oath, wanting 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 provides us with a discovery chance to question the officer who detained you. There are a number 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 reroute them or prepare them.
RISK: Police Get to Supplement their report. Some attorneys consider this smart, even if it leads to loss of an otherwise winnable ALR hearing. My choice is to take a win if I can get it and just subpoena the officer if the situation is desperate or the officer’s testament is crucial to trial preparation. The extra expense and problem isn’t worth it otherwise.
Your lawyer will acquire 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 breathe or blood test to determine his/her blood alcohol concentration (BAC) level. The chauffeur is served a “notification of suspension” that his/her driver license will be suspended because of a refusal 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 law enforcement officer will take the person’s chauffeur license and issue a short-lived operating permit.
- A $125 Reinstatement Charge is needed 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 “Notice of Suspension”
The notice of suspension functions as your “temporary driving permit.” It is significant “DIC-25” and written in the upper right-hand corner. The bottom of your notice explains the best ways to seek an ALR hearing. It is valid driver’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 rejects the DPS seek for suspension, your license continues to be valid.
What Takes place If You Fail to seek An ALR Hearing?
If a hearing is not requested, the suspension goes into impact on the 40th day after the notice was served. (This is usually 40 days after the arrest.).
Ways to Ask for An ALR Hearing?
You or your legal representative may seek an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout normal business hours. You may also send your demand via fax at 512-424-2650. The simplest way to request a hearing is to make the most of our FREE ALR DEMAND. To do so, complete our FREE assessment kind to offer us with the details we have to make the request for you.
In addition to sufficiently likely} than an offense has actually been committed. An example of probable cause would be speeding or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to satisfy this test are very low, so DPS generally wins this problem.
3. Justification to Suspend Your License
Lastly, DPS must prove that the driver either breathed or blood test and had a blood alcohol concentration of over.08 or the chauffeur refused to take a breath or blood test.
Legal Standard Favors DPS
Understand thatsufficient of the evidence is a very low requirement 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 provide a last, appealable decision and order. If the judge discovers that DPS has actually proven its case, the judge will authorize the suspension of the person’s motorist’s license.
Experienced DWI Lawyers Do Win Some Cases
It is useless for inexperienced lawyers 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 individual’s driver’s license will not be suspended.
Administrative License Suspension Periods.
If your license has been suspended because of a DWI arrest, you just have 15 days to ask for a hearing objecting to the license suspension.
Your license may 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 varies 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 private stopped working the breath or blood test:
( 1) 90 days if the person’s operating record shows no alcohol-related or drug-related enforcement contact throughout the 10 years preceding the date of the person’s arrest; or
( 2) one year if the individual’s operating record shows one or more alcohol-related or drug-related enforcement contacts during the 10 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 period for rejection cases.
( 1) suspend the person’s license to operate a motor vehicle on a public highway for 180 days; or
( 2) if the person is a homeowner without a license, issue an order denying the issuance of a license to the person for 180 days.
( b) The duration of suspension or denial is 2 years if the person’s driving record reveals one or more 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.
The length of time does it require 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 lawyer will be alerted of this date, which is normally a few 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 work with a lawyer to handle these issues for you. Your attorney 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 duration is over, you might contact your local DPS office to have your license reinstated. You will be responsible for paying a reinstatement fee, which is at least $125. Your attorney will have the ability 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 forced to pay a charge to appeal the underlying decision, but you may appeal the ALR choice. This also grants you more time to drive on your license without the suspension entering into effect. Unfortunately, the law is extremely beneficial to the administrative judge, so very few appeals achieve success.