DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Houston, TX ALR Hearing.
Houston, 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 request 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 apprehended for operating while inebriated or another intoxication-related offense looks for to prevent his or her driver’s license from being suspended. A suspension can take place from either a rejection 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 case. DPS has the burden of proof in an ALR hearing. The motorist can challenge DPS’s case by presenting any legal issues that may exist. Unlike the criminal case, which need to be shown beyond a reasonable doubt, the burden of proof in an ALR hearing is justadequate of proof.
Your License is not Yet Suspended.
You have to understand that your license has not actually been suspended at the time of arrest. Given that the authorities took your license, it appears that it has been suspended, however it is not. Nevertheless, to avoid suspension, you need to ask for an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (normally the date of arrest). If you timely requested a hearing to contest your license suspension, you will have the ability to continue driving till 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 restricted license, called an occupational license to drive lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not enter into result till the ALR hearing choice ruling is against you. Therefore, rather of having 40 days to operate on the short-lived license, you might have a number of months where you are driving without restriction. If the judge rules in your favor, no administrative suspension will happen. There is the possibility of a conviction suspension.
- Arrange Temporary License Many knowledgeable lawyers will have a petition for occupational license prepared so that you can get an Occupational License as quickly as possible if the ALR choice is rendered against you. To avoid suffering an extended period of suspension after a hearing, it is well to prepare the ODL, so it can be submitted without delay after the hearing.
- Cross Exam Arresting Officer Many hearings are held entirely on the authorities report, since you win if the cops did not sufficiently document the proof needed for DPS to win. If the officer participates in the hearing, they can cure the deficiency with their testimony, rejecting defense the win that was possible just with the insufficient authorities report.
Your legal representative might subpoena the apprehending officer to appear at the hearing. This is done for various reasons. If the police report is adequate for DPS to win, then it might be worthwhile to subpoena the officer, hoping their absence will enable a defense win. Likewise, if a trial of the DWI case is being considered, the ALR hearing permits the officer to be taken a look at under oath, intending to discover information that will work in trial. Your lawyer will be able to cross-examine the officer shows up that the ALR hearings. This offers us with a discovery chance to question the officer who apprehended you. There are a variety of benefits 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 wise, 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 only subpoena the officer if the circumstance is desperate or the officer’s statement is crucial to trial preparation. The extra expense and difficulty isn’t 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 Motorist is asked to breathe or blood test to determine his/her blood alcohol concentration (BAC) level. The motorist 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 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 person’s motorist license and provide a short-term driving authorization.
- A $125 Reinstatement Cost is required prior to the renewal or issuance of a motorist 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 notification of suspension doubles as your “temporary driving permit.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notice explains how to demand an ALR hearing. It stands motorist’s license until either 40 days after arrest or, if a timely seek is made for an ALR hearing, the hearing takes place and a suspension happens. If the ALR judge denies the DPS demand for suspension, your license continues to stand.
What Takes place If You Fail to Ask for An ALR Hearing?
If a hearing is not requested, the suspension goes into result on the 40th day after the notice was served. (This is usually 40 days after the arrest.).
How To seek An ALR Hearing?
You or your legal representative may seek an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during 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 benefit from our FREE ALR DEMAND. To do so, total our FREE examination form to provide us with the info we have to make the ask for you.
In addition to asking for a hearing, your DWI defense attorney might ask for ALR “discovery” from the Texas Department of Public Safety (DPS). Documents acquired through the discovery procedure – such as peace officer sworn reports, statutory warning types and breath test slips – will often assist your DWI defense attorney in effectively defending your DWI case.
What Are The Crucial Details That Must Be Revealed?
Name, driver’s license number, date of your arrest, county of your arrest, the cops agency that jailed you, plus specific other info that the clerk may require. After you have hired a legal representative, make certain that he or she knows that you have seeked an ALR hearing.
Exactly what must DPS show?
In order to successfully suspend somebody’s license, DPS should prove numerous components by a preponderance of the evidence at the hearing.
Reasonable Suspicion of Unlawful conduct.
- DPS need to show that the jailing officer had affordable suspicion to stop you
- Reasonable suspicion is a low requirement that implies the officer had reasonable, articulable truths to believe criminal activity had actually occurred or was likely to happen.
- Also, proof that you appeared to need assistance will work.
- This is the problem that provides the defense the most wins, since authorities in some cases make stops without legal justification.
2. Legal justification to Arrest
Then, DPS should show that the officer had probablecause to jail you. Probable cause indicates more likely} than an offense has actually been committed. An example of sufficient cause would be anty traffic offense or refusing field sobriety test( s) or admitting to drinking alcohol. The legal requirements to fulfill this test are really low, so DPS almost always wins this concern.
3. Justification to Suspend Your License
Finally, DPS needs to prove that the chauffeur 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 thatsufficient 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 provide a final, appealable decision and order. If the judge discovers that DPS has shown its case, the judge will license the suspension of the person’s driver’s license.
Experienced DWI Lawyers Do Win Some Cases
It is useless for untrained persons to try ALR hearings, because they are VERY technical. On the other hand, experienced DWI attorneys help the judge discover that DPS has actually not shown its case, the person’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 may 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 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 specific stopped working the breath or blood test:
( 1) 90 days if the person’s driving record reveals no alcohol-related or drug-related enforcement contact during the Ten Years preceding the date of the individual’s arrest; or
( 2) one year if the individual’s driving 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 person’s license to run a motor vehicle on a public highway for 180 days; or
( 2) if the individual is a resident without a license, issue 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 person’s operating record shows several alcohol-related or drug-related enforcement contacts, as specified by Section 524.001( 3), during the 10 years preceding the date of the person’s arrest.
For how long does it take to get an ALR hearing?
Once your attorney 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 normally 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 work with a lawyer to handle these issues for you. Your lawyer will ask for the hearing, subpoena apprehending 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 might call your regional DPS workplace to have your license restored. You will be responsible for paying a reinstatement fee, which is at least $125. Your legal representative will have the ability to validate your eligibility for reinstatement prior to you go in by logging into the DPS site.
Can an ALR decision be appealed?
Yes. You will be required to pay a cost to appeal the underlying choice, but you might appeal the ALR decision. This also grants you more time to drive on your license without the suspension going into result. Regrettably, the law is really beneficial to the administrative judge, so very few appeals are successful.