People arrested for DWI don’t often know they must face two separate hearings: a DWI hearing and an Administrative License Revocation Hearing (ALR). An ALR hearing is a short criminal trial where your lawyer can gather a lot of information about your case.
The main purpose of the hearing is for the person arrested for DWI to prevent their driver’s license from being suspended. People who were found with a blood alcohol content over the 0.08 limit or refused a breath or blood test have to go to an ALR hearing so that they don’t lose their license.
If I am charged with DWI will I automatically lose my Driver’s License?
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Texas Administrative License Revocation Process: The ALR Hearing
If you are charged with DWI in Texas, you will AUTOMATICALLY lose your driver’s license UNLESS you request an ALR Hearing within 15 days of your arrest.
An ALR Hearing is an administrative hearing in which your continued ability to drive will be decided. The ALR hearing is a civil proceeding and is separate and distinct from the criminal DWI proceeding. The State has to prove the following by a preponderance of the evidence before your license may be suspended:
- Was there reasonable suspicion or probable cause for the officer to stop to arrest the driver?
- Is there probable cause for the officer to believe the driver was intoxicated?
- The driver was offered the opportunity to provide a breath or blood specimen.
- The driver either refused to submit a specimen, or the specimen was over the legal limit of 0.08.
If the State proves the above facts, then you will face the following license suspension:
a) Not less than 180 days if you refuse to take a breath or blood test;
b) Not less than 90 days if you provided a breath or blood sample.
Why Is An ALR Hearing Important?
Drivers in Texas can refuse a request for a breath or blood test from an officer who pulls them over. But this refusal often leads to a suspension of that person’s driver’s license. You must wait 189 days to 2 years for the suspension to expire. An ALR hearing is an opportunity to challenge this suspension.
Your DWI lawyer will challenge the evidence the other side produces in your ALR hearing. Your lawyer will question whether the police officer followed the right protocols or methods to request your breath and blood samples.
License Suspension Facts
Texas courts have held that as a condition of receiving a Texas State driver’s license, Texas residents give implied consent that they will submit to a breath test or blood test if they are suspected of driving drunk. Under the implied consent law, your license can be suspended if you refuse to take a chemical test, even if you are later found not guilty of DWI. Under certain circumstances, you could also lose your driver’s license if you submit to a breath test or blood test if the chemical test result shows your BAC is over the Texas legal limit of 0.08.
How Can You Prevent Your License from Being Suspended
Your license is not immediately suspended when you are charged with drunk driving. Although the arresting office typically will retain possession of your driver’s license card, you may continue driving without restrictions while your ALR hearing and criminal case are pending. However, you must request an ALR hearing before 15 days from the date of your arrest. If you fail to request an ALR hearing, your driver’s license will be suspended automatically on the 40th day after your arrest.
What Happens At An ALR Hearing?
Both sides in an ALR hearing will examine witnesses and evidence in your case. The lawyer of the person whose license has been suspended will ensure that the judge considers all aspects of the case. For instance, the lawyer will subpoena the police officers who stopped you so that the lawyer can question them at the hearing.
Some questions the lawyer of the accused may ask include:
- Did the office have sufficient probable cause to pull over the driver?
- Did the officer who administered the tests follow the right protocols to ensure the tests were accurate?
- Did the officer provide the appropriate warnings before requesting breath or blood samples?
A lawyer will ask other questions at an ALR hearing. The Administrative Law Judge must consider all the evidence presented before issuing a ruling. The best scenario for the driver is for the judge to issue an order reinstating the driver’s license.
The following defense tactics are commonly used to defend people’s driving privileges at an ALR hearing:
- Requesting Discovery, which allows your attorney to look for mistakes in the following paperwork/reports:
- Police officer’s sworn report/probable cause affidavit;
- Criminal complaint;
- DWI statutory warning;
- Notice of suspension;
- Breath or Blood test results;
- Technical Supervisor’s Affidavit;
- Etc.
- Subpoenaing of Witnesses:
- An attorney may subpoena the arresting officer, breath test operator, and technical supervisor
- If any subpoenaed witness fails to appear, you may be entitled to a dismissal of your ALR suspension case.
- Request a Live Hearing:
- A live hearing allows your attorney to cross-examine the State’s witnesses and make an argument on your behalf.
How Long Will the ALR Process Take?
Typically, our clients’ ALR hearing will occur before the criminal trial. Normally, you will have an ALR hearing anywhere from 2 to 4 months from the date of your arrest.
Requesting For An ALR Hearing
A police officer will temporarily license a driver who refuses to give a breath or blood sample. The license is only effective for 15 days, which means the driver only has 15 days to request an ALR hearing. You can complete an online form at the Texas Department of Public Safety (DPS) website. Some of the information you need to add in the form include:
- Full name
- Date of birth
- Phone number
- Mailing address
- Country of arrest
- Date when you were arrested
- Officer’s name
- Whether you took the BAC test or not
An experienced DWI attorney can quickly and accurately request an ALR hearing on your behalf, but the real question is, can you win an ALR hearing? Your lawyer will know all the documents you need to make a proper request and will ensure you request a hearing before the deadline passes.