How Do I Arrange an ALR Hearing in Houston County TX?
What is Houston County TX Most Efficient Way to Get an ALR Hearing?
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.
This FREE assistance is provided to help you protect your license.
If fewer than 15 days have passed since your arrest in Houston County TX or elsewhere in Texas, you are entitled to seek an ALR hearing. For the reasons made clear below, it is very important that you seek a hearing. The following form serves two (2) purposes:
- It gathers ALL the requirements to prepare an official ALR demand and
- Collects information so we can give you tips on what else you need to do to protect your DWI arrest.
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).
What is an ALR Hearing?
An Administrative License Suspension or ALR is an administrative procedure by which a person who is detained for driving while inebriated or another intoxication-related offense seeks to prevent his or her chauffeur’s license from being suspended. A suspension can occur from either a refusal to submit to a blood or breath test or by offering a specimen that results in a 0.08 or greater blood alcohol concentration.
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 evidence in the event. DPS has the burden of proof in an ALR hearing. The chauffeur can attack DPS’s case by presenting any legal issues that may exist. Unlike the criminal case, which must be shown beyond a sensible doubt, the burden of proof in an ALR hearing is justsufficient of proof.
Your License is not Yet Suspended.
You need 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 actually been suspended, however it is not. However, to prevent suspension, you must demand an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (typically the date of arrest). If you prompt asked for a hearing to contest your license suspension, you will be able 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 be able to secure limited license, referred to as an occupational license to drive legally.
Why ALR Hearings are Beneficial
- Delay Suspension Your license suspension does not enter into effect till the ALR hearing decision ruling protests you. Therefore, instead of having 40 days to drive on the temporary license, you may have numerous 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 attorneys will have a petition for occupational license prepared so that you can get an Occupational License as quickly as possible if the ALR decision is rendered versus you. To avoid suffering an extended period of suspension after a hearing, it is well to prepare the ODL, so it can be filed promptly after the hearing.
- Cross Exam Arresting Officer Many hearings are held exclusively on the authorities report, due to the fact that you win if the police did not adequately document the evidence needed for DPS to win. If the officer goes to the hearing, they can cure the deficiency with their statement, denying defense the win that was possible only with the inadequate authorities report.
Your legal representative might subpoena the arresting officer to show up at the hearing. This is done for different 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. Also, if a trial of the DWI case is being considered, the ALR hearing allows the officer to be examined under oath, wishing to discover info that will be useful in trial. Your lawyer 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 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 redirect them or prepare them.
RISK: Police Get to Supplement their report. Some attorneys consider this wise, 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 only subpoena the officer if the circumstance is desperate or the officer’s statement is critical to trial preparation. The extra expense 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 Driver 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 notification is served to “ask for an ALR hearing.”
- The police officer will take the person’s driver license and issue a short-term 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 might be needed to take a course or other type of rehab.
Importance of Your “Notification of Suspension”
The notice of suspension doubles as your “short-term operating license.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notification explains ways to request an ALR hearing. It stands driver’s license till either 40 days after arrest or, if a prompt demand is made for an ALR hearing, the hearing happens and a suspension happens. If the ALR judge rejects the DPS request for suspension, your license continues to be valid.
What Happens If You Fail to seek An ALR Hearing?
If a hearing is not demanded, the suspension enters into effect on the 40th day after the notice was served. (This is normally 40 days after the arrest.).
Ways to request An ALR Hearing?
You or your lawyer might demand an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout typical company hours. You may also send your demand by means of fax at 512-424-2650. The most convenient way to ask for a hearing is to take advantage of our FREE ALR DEMAND. To do so, total our FREE assessment form to supply us with the information we need to make the demand for you.
In addition to adequately likely} than an offense has been happening. An example of likely cause would be speeding or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to fulfill this test are very low, so DPS almost always wins this problem.
3. Justification to Suspend Your License
Lastly, DPS should prove that the motorist either took a breath or blood test and had a blood alcohol concentration of over.08 or the motorist refused to take a breath or blood test.
Legal Standard Favors DPS
Understand thatsufficient of the proof 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 choice and order. If the judge finds that DPS has shown 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 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 actually not proven its case, the individual’s chauffeur’s license will not be suspended.
Administrative License Suspension Durations.
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 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 driving while inebriated.
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 during the 10 years preceding the date of the individual’s arrest; or
( 2) one year if the individual’s operating record shows several alcohol-related or drug-related enforcement contacts throughout the Ten 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 refusal cases.
( 1) suspend the individual’s license to run a motor vehicle on a public highway for 180 days; or
( 2) if the person is a resident without a license, provide an order rejecting the issuance of a license to the person for 180 days.
( b) The duration of suspension or rejection is two years if the individual’s driving record reveals several alcohol-related or drug-related enforcement contacts, as defined by Area 524.001( 3), throughout the 10 years preceding the date of the person’s arrest.
How long does it take to get an ALR hearing?
When your lawyer requests the ALR hearing, it can take four weeks to 120 days for DPS to schedule a hearing date. Your legal representative will be notified of this date, which is usually a few weeks to months from the date of the notice.
ALR Hearings and License Suspensions
Since of the complexities involved in administrative license revocations and license suspensions, it is always better to hire a lawyer to handle these concerns 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 duration in Texas?
After the suspension period is over, you may call your regional DPS office to have your license renewed. You will be accountable for paying a reinstatement fee, which is at least $125. Your legal representative will be able to validate 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 fee to appeal the underlying choice, but you may appeal the ALR decision. This also grants you more time to operate on your license without the suspension entering into effect. Regrettably, the law is extremely beneficial to the administrative judge, so very few appeals are successful.