DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Leon County TX ALR Hearing.
Leon County TX DWI Attorney offers Free ALR Hearing Form to Arrange 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 process by which a person who is apprehended for driving while inebriated or another intoxication-related offense looks for to prevent his/her motorist’s license from being suspended. A suspension can occur from either a rejection to submit to a blood or breath test or by offering 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 held with an Administrative Law Judge (ALJ) who pays attention to the evidence in the case. 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 need to 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 need to know that your license has not been suspended at the time of arrest. Given that the police took your license, it appears that it has been suspended, however it is not. Nevertheless, to avoid suspension, you must 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 have the ability to secure limited license, called an occupational license to operate lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into effect until the ALR hearing decision ruling protests you. For that reason, instead of having 40 days to drive on the short-term license, you may have several months where you are operating without restriction. If the judge guidelines in your favor, no administrative suspension will take place. There is the possibility of a conviction suspension.
- Arrange Temporary License A lot of knowledgeable lawyers will have a petition for occupational license prepared so that you can obtain an Occupational License as quickly as possible if the ALR decision 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 promptly after the hearing.
- Cross Exam Arresting Officer Numerous hearings are held entirely on the cops report, due to the fact that you win if the authorities did not adequately document the evidence required for DPS to win. If the officer goes to the hearing, they can cure the shortage with their testimony, rejecting defense the win that was possible only with the insufficient police report.
Your lawyer might subpoena the detaining officer to appear at the hearing. This is done for different factors. If the cops report is adequate for DPS to win, then it might be rewarding to subpoena the officer, hoping their absence will allow a defense win. Also, if a trial of the DWI case is being considered, the ALR hearing allows the officer to be taken a look at under oath, wanting to discover info that will be useful in trial. Your legal representative will be able to cross-examine the officer shows up that the ALR hearings. This supplies us with a discovery chance to question the officer who arrested 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 district attorney to reroute them or prepare them.
RISK: Police Get to Supplement their report. Some legal representatives 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 testimony is important to trial preparation. The additional expense and problem isn’t really worth it otherwise.
Your legal representative will acquire any non-privileged discovery, such as the offense reports prior to the hearing.
Exactly what is The Texas ALR Process
The Chauffeur is asked to take a breath or blood test to determine his/her blood alcohol concentration (BAC) level. The chauffeur is served a “notification of suspension” that his/her chauffeur license will be suspended because of a refusal 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 person’s driver license and provide a temporary driving authorization.
- A $125 Reinstatement Fee is needed prior to the renewal or issuance of a driver license.
- $10 for each year of temporary license
- You may be required to take a course or other type of rehab.
Significance of Your “Notice of Suspension”
The notice of suspension doubles as your “momentary driving license.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notification describes ways to ask for an ALR hearing. It is valid driver’s license until either 40 days after arrest or, if a timely demand is produced an ALR hearing, the hearing occurs and a suspension happens. If the ALR judge rejects the DPS demand for suspension, your license continues to stand.
What Happens If You Fail to Ask for An ALR Hearing?
If a hearing is not seeked, the suspension enters into result on the 40th day after the notice was served. (This is typically 40 days after the arrest.).
How To Ask for An ALR Hearing?
You or your legal representative may ask for an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout regular service hours. You may also send your demand via fax at 512-424-2650. The most convenient method to seek a hearing is to take advantage of our FREE ALR DEMAND. To do so, complete our FREE evaluation type to supply us with the information we have to make the ask for you.
In addition to adequately likely} than an offense has been occurring. An example of probable cause would be crossing traffic lanes or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to satisfy this test are very low, so DPS often wins this concern.
3. Justification to Suspend Your License
Finally, DPS must show that the chauffeur either breathed or blood test and had a blood alcohol concentration of over.08 or the chauffeur refused to breathe or blood test.
Legal Standard Favors DPS
Understand thatadequate of the proof is a really 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 issue a last, appealable choice and order. If the judge discovers that DPS has proven its case, the judge will authorize the suspension of the individual’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 attorneys help the judge discover that DPS has not shown its case, the person’s driver’s license will not be suspended.
Administrative License Suspension Durations.
If your license has been suspended because of a DWI arrest, you only have 15 days to seek 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 completely 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 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 during the Ten Years preceding the date of the person’s arrest; or
( 2) one year if the person’s driving record shows several 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 refusal cases.
( 1) suspend the person’s license to run a motor vehicle on a public highway for 180 days; or
( 2) if the person is a citizen without a license, release an order rejecting the issuance of a license to the person for 180 days.
( b) The period of suspension or denial is two years if the person’s driving record shows several alcohol-related or drug-related enforcement contacts, as defined by Section 524.001( 3), throughout the 10 years preceding the date of the individual’s arrest.
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 arrange a hearing date. Your legal representative will be informed of this date, which is usually a few weeks to months from the date of the notice.
ALR Hearings and License Suspensions
Due to the fact that of the intricacies involved in administrative license cancellations and license suspensions, it is always better to hire an attorney to deal with these issues for you. Your lawyer will ask for 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 duration in Texas?
After the suspension duration is over, you may call your local 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 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 cost 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 entering into result. Unfortunately, the law is extremely beneficial to the administrative judge, so very few appeals succeed.