DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Texas ALR Hearing.
Texas 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 Suspension or ALR is an administrative process by which a person who is detained for operating while intoxicated or another intoxication-related offense looks for to prevent his/her motorist’s license from being suspended. A suspension can occur from either a refusal to submit to a blood or breath test or by supplying 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 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 driver can challenge DPS’s case by presenting any legal concerns that may exist. Unlike the criminal case, which should be shown beyond a reasonable doubt, the burden of proof in an ALR hearing is justpreponderance of evidence.
Your License is not Yet Suspended.
You have to know 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, but it is not. However, to avoid suspension, you should 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 asked for a hearing to contest your license suspension, you will have the ability 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 restricted license, referred to as an occupational license to drive lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into impact up until the ALR hearing choice judgment is against you. For that reason, instead of having 40 days to operate on the short-lived license, you may have numerous months where you are operating without limitation. If the judge rules in your favor, no administrative suspension will take place. There is the possibility of a conviction suspension.
- Arrange Temporary License Most skilled lawyers will have a petition for occupational license prepared so that you can get an Occupational License as soon as possible if the ALR choice 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 quickly after the hearing.
- Cross Exam Arresting Officer Many hearings are held entirely on the police report, since you win if the police did not effectively document the evidence needed for DPS to win. If the officer goes to the hearing, they can treat the shortage with their statement, rejecting defense the win that was possible only with the inadequate cops report.
Your legal representative might subpoena the detaining officer to show up at the hearing. This is provided for various factors. If the authorities report is appropriate for DPS to win, then it may be worthwhile to subpoena the officer, hoping their absence will enable a defense win. Also, if a trial of the DWI case is being thought about, the ALR hearing permits the officer to be examined under oath, wanting to discover details that will work 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 opportunity to question the officer who arrested you. There are a number of advantages to doing this. Chief amongst them is that we have the ability to cross-examine officers without the existence of a criminal district attorney to redirect them or prepare them.
RISK: Police Get to Supplement their report. Some lawyers consider this clever, 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 circumstance is desperate or the officer’s testimony is important to trial preparation. The additional cost and problem isn’t worth it otherwise.
Your legal representative will obtain any non-privileged discovery, such as the offense reports prior to the hearing.
Exactly 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 chauffeur is served a “notification of suspension” that his/her driver license will be suspended because of a rejection to take or failure of the field sobriety test. The individual then has 15 days from the date the suspension notification is served to “request an ALR hearing.”
- The law enforcement officer will take the individual’s driver license and release a short-term driving permit.
- A $125 Reinstatement Cost is required prior to the renewal or issuance of a motorist license.
- $10 for each year of temporary license
- You might be required to take a course or other type of rehab.
Significance of Your “Notification of Suspension”
The notification of suspension doubles as your “short-lived operating permit.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notification discusses how to ask for an ALR hearing. It is valid chauffeur’s license till either 40 days after arrest or, if a prompt demand is made for an ALR hearing, the hearing occurs and a suspension happens. If the ALR judge rejects the DPS ask for suspension, your license continues to stand.
What Occurs 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 generally 40 days after the arrest.).
Ways to Ask for An ALR Hearing?
You or your attorney may ask for an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout typical service hours. You may also send your demand via 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, complete our FREE assessment form to provide us with the details we need to make the seek for you.
In addition to sufficiently likely} than an offense has been happening. An example of probable cause would be anty traffic offense or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to satisfy this test are very low, so DPS usually wins this concern.
3. Justification to Suspend Your License
Finally, DPS must show that the driver either breathed or blood test and had a blood alcohol concentration of over.08 or the motorist chose not to take a breath or blood test.
Legal Standard Favors DPS
Understand thatadequate of the evidence is a very low standard 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 last, appealable choice and order. If the judge discovers that DPS has proven 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 untrained persons to attempt ALR hearings, because they are VERY technical. On the other hand, experienced DWI advocates help the judge find that DPS has 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 duration 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 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 individual’s driving record shows 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 person’s operating record reveals several alcohol-related or drug-related enforcement contacts during 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 refusal cases.
( 1) suspend the individual’s license to operate a motor vehicle on a public highway for 180 days; or
( 2) if the individual is a homeowner without a license, release an order denying 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 operating record shows one or more alcohol-related or drug-related enforcement contacts, as specified by Section 524.001( 3), during the Ten Years preceding the date of the person’s arrest.
The length of time does it require to get an ALR hearing?
When your attorney demands the ALR hearing, it can take 4 weeks to 120 days for DPS to set up a hearing date. Your legal representative will be notified of this date, which is normally a few weeks to months from the date of the notification.
ALR Hearings and License Suspensions
Because of the intricacies associated with administrative license cancellations and license suspensions, it is constantly much better to employ a lawyer to deal with these concerns for you. Your attorney 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 duration is over, you may contact your regional DPS office to have your license renewed. You will be accountable for paying a reinstatement fee, which is at least $125. Your attorney will have the ability to validate your eligibility for reinstatement prior to you go in by logging into the DPS website.
Can an ALR decision be appealed?
Yes. You will be forced to pay a cost to appeal the underlying decision, but you might appeal the ALR choice. This also grants you more time to drive on your license without the suspension going into impact. Regrettably, the law is really favorable to the administrative judge, so very few appeals succeed.