Texas ALR Hearing

People arrested for a DWI should contact an experienced DWI attorney right away. Know that you face both administrative and criminal charges when you are arrested for DWI. The criminal charges do not need your intervention to begin, but you have to request an administrative hearing the moment you are arrested for a DWI. Failure to do so can result in your driver’s license getting suspended for 2 years.

Your License Will Be Seized After A DWI Arrest

You can either agree or refuse to take a breath or blood test at a traffic stop. Police officers need your consent to perform these tests but there are consequences for refusing to take the tests. People who deny these tests have their driver’s license immediately suspended.

On the other hand, police will seize your license if you fail the chemical tests. You can apply for a temporary driver’s permit to replace the seized driver’s license.

Time Frame For Requesting An ALR Hearing

The Department of Public Safety conducts an Administrative License Revocation (ALR) hearing to determine whether or not your license should be suspended and for how long. You only have 15 days from the date of your arrest to request a formal ALR hearing. Remember that an ALR hearing is separate and different from the criminal charges you face.

Despite this, the final ruling of an ALR hearing could affect the criminal charges you face in court. Failure to request a hearing can result in a 2-year license suspension or less. The length of time for the suspension will be determined by your record such as the number of DWI charges you have faced in the past, and whether or not you denied a chemical test.

After your ALR request, the DPS will respond with a letter notifying you of the date, time, and location of your ALR hearing. You can use your temporary driver’s license until the ALR hearing. A driver’s license suspension comes into effect on the 40th day after your arrest.

What To Expect At An ALR Hearing

Your attorney can help defend you at an ALR hearing so that your license is not suspended. Arguing for you at an ALR hearing also helps your DWI attorney begin preparation for your DWI case. The hearing is held in front of an Administrative Law Judge.

At the hearing, your lawyer will present arguments to defend you and convince the judge that your license should not be suspended.  The defenses used by the lawyer are determined by the specific circumstances of your case. Your lawyer may argue that your traffic stop was unlawful or that the breath or blood tests were inaccurate or other defenses.

It is up to the state to dispute your lawyer’s arguments and present solid evidence that proves their claims. Your lawyer will also get an opportunity to cross-examine the police officer that arrested you and your eyewitnesses.  The officer will have to defend or explain any discrepancies that were discovered during the review of the evidence.

Talk to an experienced DWI lawyer to defend you and help prevent the suspension of your driver’s license.