DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Howard County TX ALR Hearing.
Howard County TX DWI Attorney offers Free ALR Hearing Form to Request an to Prevent 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 Revocation or ALR is an administrative procedure by which an individual who is detained for operating while inebriated 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 offering a specimen that results in 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 motorist can attack DPS’s case by providing any legal problems that might exist. Unlike the criminal case, which should be proven beyond a reasonable doubt, the burden of proof in an ALR hearing is onlysufficient 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. Considering that the police took your license, it appears that it has been suspended, however it is not. Nevertheless, to prevent suspension, you need to request an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (generally the date of arrest). If you prompt seeked a hearing to contest your license suspension, you will be able to continue operating till 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 operate legally.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not enter into impact until the ALR hearing choice judgment is against you. Therefore, rather of having 40 days to operate on the momentary license, you might have numerous months where you are operating 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 The majority of knowledgeable attorneys 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 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 without delay after the hearing.
- Cross Exam Arresting Officer Numerous hearings are held solely on the police report, because you win if the cops did not properly document the evidence needed for DPS to win. If the officer participates in the hearing, they can cure the shortage with their testimony, rejecting defense the win that was possible just with the insufficient cops report.
Your legal representative might subpoena the arresting officer to show up at the hearing. This is done for different factors. If the authorities report is adequate 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, hoping to discover details that will be useful in trial. Your lawyer will be able to cross-examine the officer shows up that the ALR hearings. This provides us with a discovery opportunity to question the officer who detained you. There are a variety of benefits to doing this. Chief among them is the fact that we have the ability 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 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 only subpoena the officer if the scenario is desperate or the officer’s statement is important to trial preparation. The additional expenditure and problem isn’t worth it otherwise.
Your attorney 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 take a breath or blood test to measure his/her blood alcohol concentration (BAC) level. The motorist is served a “notification 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 “seek an ALR hearing.”
- The police officer will take the individual’s motorist license and issue a temporary operating authorization.
- A $125 Reinstatement Fee is required prior to the renewal or issuance of a chauffeur license.
- $10 for each year of temporary license
- You may be needed to take a course or other type of rehab.
Significance of Your “Notice of Suspension”
The notification of suspension functions as your “temporary operating permit.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notice describes the best ways to seek an ALR hearing. It is valid chauffeur’s license until either 40 days after arrest or, if a prompt demand is produced an ALR hearing, the hearing takes place and a suspension occurs. If the ALR judge rejects the DPS ask for suspension, your license continues to be valid.
What Occurs If You Fail to Ask for An ALR Hearing?
If a hearing is not demanded, the suspension enters into effect on the 40th day after the notification was served. (This is generally 40 days after the arrest.).
Ways to demand An ALR Hearing?
You or your lawyer might request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout regular company hours. You may also send your demand by means of fax at 512-424-2650. The simplest way to seek a hearing is to take advantage of our FREE ALR request. To do so, complete our FREE evaluation type to offer us with the info we need to make the ask for you.
In addition to adequately likely} than an offense has actually been committed. An example of sufficient cause would be speeding or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to meet this test are very low, so DPS generally wins this issue.
3. Justification to Suspend Your License
Lastly, DPS needs to show that the driver 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 thatsufficient of the evidence is a really 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 issue a last, appealable decision and order. If the judge discovers that DPS has proven its case, the judge will license the suspension of the person’s driver’s license.
Experienced DWI Lawyers Do Win Some Cases
It is a waste of time for inexperienced lawyers to appear for ALR hearings, because they are VERY technical. On the other hand, experienced DWI lawyers help the judge discover that DPS has actually 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 provide a specimen of your breath or blood for a duration of 180 days, even if you are completely 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 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 individual’s operating record shows 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 individual’s driving 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 Refusing 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 an automobile on a public highway for 180 days; or
( 2) if the individual is a resident without a license, issue an order denying the issuance of a license to the individual for 180 days.
( b) The period of suspension or rejection is two years if the person’s operating record reveals several alcohol-related or drug-related enforcement contacts, as defined by Section 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 lawyer demands the ALR hearing, it can take four weeks to 120 days for DPS to schedule a hearing date. Your legal representative will be alerted of this date, which is typically a couple of weeks to months from the date of the notification.
ALR Hearings and License Suspensions
Since of the intricacies associated with administrative license cancellations and license suspensions, it is always much better to hire an attorney to handle these problems for you. Your attorney will seek the hearing, subpoena detaining 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 may contact your local 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 verify your eligibility for reinstatement before you go in by logging into the DPS site.
Can an ALR choice be appealed?
Yes. You will be forced to pay a fee to appeal the underlying choice, however you may appeal the ALR decision. This also grants you more time to drive on your license without the suspension going into effect. Sadly, the law is really favorable to the administrative judge, so few appeals succeed.