DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Sunnyvale, TX ALR Hearing.
Sunnyvale, TX DWI Attorney offers Free ALR Hearing Form to Get 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 a person who is arrested for driving while intoxicated or another intoxication-related offense seeks to prevent his/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 leads to 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 pays attention to the evidence in the case. DPS has the burden of proof in an ALR hearing. The motorist can challenge 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 justpreponderance of evidence.
Your License is not Yet Suspended.
You need to know 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, but it is not. Nevertheless, to prevent suspension, you should seek an Administrative License Cancellation (ALR) hearing within 15 days of when you were served with a Notification of Suspension (generally the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until 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 may be able to protect limited license, known as an occupational license to drive legally.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into effect until the ALR hearing choice ruling is against you. Therefore, rather of having 40 days to drive on the short-lived license, you might have a number of months where you are operating without constraint. If the judge guidelines 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 get an Occupational License as soon as possible if the ALR decision is rendered versus you. To prevent suffering an extended period of suspension after a hearing, it is well to prepare the ODL, so it can be submitted quickly after the hearing.
- Cross Exam Arresting Officer Many hearings are held exclusively on the police report, due to the fact that you win if the authorities did not properly document the evidence needed for DPS to win. If the officer goes to the hearing, they can treat the shortage with their testimony, rejecting defense the win that was possible only with the insufficient cops report.
Your attorney may subpoena the apprehending officer to appear at the hearing. This is provided for different reasons. If the authorities report is sufficient for DPS to win, then it may be beneficial to subpoena the officer, hoping their absence will allow a defense win. Also, if a trial of the DWI case is being thought about, the ALR hearing allows the officer to be examined under oath, intending to find information that will work in trial. Your attorney will have the ability to cross-examine the officer appears that the ALR hearings. This provides us with a discovery opportunity to question the officer who apprehended 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 results in loss of an otherwise winnable ALR hearing. My preference is to take a win if I can get it and just subpoena the officer if the scenario is desperate or the officer’s statement is important to trial preparation. The additional expense and difficulty isn’t worth it otherwise.
Your legal representative 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 measure his/her blood alcohol concentration (BAC) level. The driver is served a “notification of suspension” that his/her chauffeur 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 “ask for an ALR hearing.”
- The police officer will take the individual’s motorist license and provide a short-term driving permit.
- A $125 Reinstatement Fee is required 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.
Value of Your “Notification of Suspension”
The notification of suspension doubles as your “short-term operating authorization.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notification explains how to demand an ALR hearing. It stands driver’s license till either 40 days after arrest or, if a timely request is made for an ALR hearing, the hearing takes place and a suspension takes place. If the ALR judge rejects the DPS request for suspension, your license continues to stand.
What Occurs If You Fail to Ask for An ALR Hearing?
If a hearing is not asked for, the suspension goes into impact on the 40th day after the notice was served. (This is normally 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 during regular service hours. You might also send your seek via fax at 512-424-2650. The easiest way to ask for a hearing is to make the most of our FREE ALR demand. To do so, total our FREE evaluation type to provide us with the information we need to make the ask 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 confessing to drinking alcohol. The legal requirements to satisfy this test are really low, so DPS almost always wins this issue.
3. Justification to Suspend Your License
Lastly, DPS should prove that the motorist either breathed or blood test and had a blood alcohol concentration of over.08 or the driver chose not to take a breath or blood test.
Legal Standard Favors DPS
Understand thatsufficient of the evidence is an extremely low standard 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 final, appealable choice 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 useless for inexperienced lawyers to try ALR hearings, because they are VERY technical. On the other hand, experienced DWI lawyers help the judge find that DPS has actually not proven its case, the person’s driver’s license will not be suspended.
Administrative License Suspension Periods.
If your license has actually been suspended because of a DWI arrest, you just have 15 days to demand a hearing contesting the license suspension.
Your license may be suspended if you choose not to offer 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 offer a specimen above the legal limit of.08, your license will be suspended for no less than 90 days. The license suspension varies 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 failed the breath or blood test:
( 1) 90 days if the person’s driving record shows no alcohol-related or drug-related enforcement contact throughout the 10 years preceding the date of the individual’s arrest; or
( 2) one year if the individual’s operating record reveals 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 duration for rejection cases.
( 1) suspend the person’s license to operate an automobile on a public highway for 180 days; or
( 2) if the individual is a citizen 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 2 years if the individual’s driving 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 individual’s arrest.
For how long does it take to get an ALR hearing?
When your legal representative demands the ALR hearing, it can take 4 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 notification.
ALR Hearings and License Suspensions
Because of the complexities involved in administrative license revocations and license suspensions, it is constantly better to work with a lawyer to deal with these problems for you. Your legal representative 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 period in Texas?
After the suspension period is over, you may contact your regional DPS office to have your license renewed. You will be responsible for paying a reinstatement fee, which is at least $125. Your attorney will have the ability to confirm your eligibility for reinstatement before you enter by logging into the DPS website.
Can an ALR decision be appealed?
Yes. You will be forced to pay a charge to appeal the underlying decision, however you might appeal the ALR choice. This likewise grants you more time to drive on your license without the suspension entering into result. Regrettably, the law is extremely beneficial to the administrative judge, so very few appeals achieve success.