If you fail a breath or blood test or refuse to take one after a DWI arrest in Texas, your driver’s license may be subject to automatic license suspension between 90 days and two years. Fortunately, you may be eligible to regain your driving privileges via an Administration License Revocation (ALR) hearing.
How to Request a Hearing
In Texas, the ALR Program is a civil administrative process that is not related to criminal court proceedings. Rather, it is a civil administrative process for those arrested for DWI.
After a DWI arrest, the police officer takes away your driver’s license and issues a temporary driving permit. You then have 15 days from the date of the arrest to request an ALR hearing to contest the suspension.
If the request is submitted within the 15-day timeframe, the Texas Department of Safety (DPS) will send a letter to your address on record, along with the location and time of your hearing. Allow for 120 days for the hearing to be scheduled. But if your request is made after the mandatory 15-day timeframe, however, it will be denied and you will receive a notice via mail.
What DPS Needs to Prove at Your ALR Hearing
If you refused to submit to a chemical test after your arrest, DPS must prove the following at the hearing:
- Reasonable suspicion existed when you were stopped.
- Probable cause existed that you were operating your vehicle while intoxicated.
- You were placed under arrest and asked to submit to a breath or blood test.
- You refused the test.
If you failed the chemical test, DPS must prove the following at the hearing:
- You had a BAC of .08 or over while operating your vehicle.
- There was reasonable suspicion to stop you or probable cause to arrest you.
Our Plano DWI lawyers at Peveto Law will do what it takes to get you back on the road. In addition, we can build an effective and personalized defense strategy to either get your charges reduced or your case dismissed entirely.
Contact us and request a consultation today.