DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Callahan County TX ALR Hearing.
Callahan County TX DWI Attorney offers Free ALR Hearing Form to Demand an to Avoid an Automatic DWI License Suspension.
This FREE assistance is provided to help you protect your license.
If less than 15 days have passed since your arrest in Callahan County TX, you are entitled to demand an ALR hearing. For the reasons discussed below, it is very important that you request a hearing.
We will prepare your request 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 process by which a person who is detained for driving while inebriated or another intoxication-related offense looks for to prevent his/her chauffeur’s license from being suspended. A suspension can occur from either a rejection to submit to a blood or breath test or by providing a specimen that results in a 0.08 or higher blood alcohol concentration.
What is an ALR Hearing?
An ALR hearing is a hearing that is held with an Administrative Law Judge (ALJ) who listens to the evidence in the case. DPS has the burden of proof in an ALR hearing. The chauffeur can challenge DPS’s case by providing any legal problems that may exist. Unlike the criminal case, which should be proven beyond a reasonable doubt, the burden of proof in an ALR hearing is onlyadequate of proof.
Your License is not Yet Suspended.
You need to understand 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. However, to prevent suspension, you should seek an Administrative License Cancellation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). If you prompt asked for a hearing to contest your license suspension, you will have the ability 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 might have the ability to protect restricted license, known as an occupational license to drive legally.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not enter into effect till the ALR hearing choice judgment is against you. For that reason, instead of having 40 days to drive on the short-lived license, you may have numerous months where you are operating without restriction. If the judge guidelines in your favor, no administrative suspension will occur. There is the possibility of a conviction suspension.
- Arrange Temporary License Most knowledgeable attorneys will have a petition for occupational license prepared so that you can acquire an Occupational License as quickly as possible if the ALR choice is rendered against you. To avoid suffering a long period of suspension after a hearing, it is well to prepare the ODL, so it can be filed quickly after the hearing.
- Cross Exam Arresting Officer Numerous hearings are held exclusively on the authorities report, due to the fact that you win if the cops did not sufficiently record the evidence needed for DPS to win. If the officer goes to the hearing, they can treat the deficiency with their testimony, rejecting defense the win that was possible only with the inadequate authorities report.
Your legal representative may subpoena the detaining officer to show up at the hearing. This is provided for various reasons. If the police report is adequate for DPS to win, then it may be beneficial to subpoena the officer, hoping their absence will permit a defense win. Likewise, if a trial of the DWI case is being considered, the ALR hearing enables the officer to be taken a look at under oath, wanting to discover info that will work in trial. Your legal representative will be able to cross-examine the officer appears that the ALR hearings. This supplies us with a discovery chance to question the officer who detained you. There are a number of benefits to doing this. Chief among them is the fact that we are able to cross-examine officers without the presence of a criminal prosecutor to reroute them or prepare them.
RISK: Police Get to Supplement their report. Some lawyers consider this smart, even if it leads to loss of an otherwise winnable ALR hearing. My preference is to take a win if I can get it and only subpoena the officer if the scenario is desperate or the officer’s testimony is important to trial preparation. The additional cost and trouble isn’t worth it otherwise.
Your legal representative will get any non-privileged discovery, such as the offense reports prior to the hearing.
What is The Texas ALR Process
The Motorist is asked to take a breath or blood test to determine his/her blood alcohol concentration (BAC) level. The driver is served a “notice 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 “demand an ALR hearing.”
- The law enforcement officer will take the individual’s motorist license and release a temporary driving authorization.
- A $125 Reinstatement Cost is needed 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.
Value of Your “Notification of Suspension”
The notice of suspension doubles as your “momentary operating license.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notice describes ways to ask for an ALR hearing. It is valid driver’s license until either 40 days after arrest or, if a prompt demand is produced an ALR hearing, the hearing occurs and a suspension occurs. If the ALR judge denies the DPS seek for suspension, your license continues to be valid.
What Takes place If You Fail to Ask for An ALR Hearing?
If a hearing is not asked for, the suspension enters into effect on the 40th day after the notification was served. (This is typically 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 normal company hours. You might also send your seek through fax at 512-424-2650. The simplest way to ask for a hearing is to take advantage of our FREE ALR DEMAND. To do so, total our FREE assessment type to supply us with the information we need to make the ask 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 confessing to drinking alcohol. The legal requirements to meet this test are extremely low, so DPS usually wins this concern.
3. Justification to Suspend Your License
Lastly, DPS should prove that the chauffeur either took a breath 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 proof 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 release a last, appealable decision and order. If the judge finds that DPS has shown its case, the judge will license the suspension of the person’s motorist’s license.
Experienced DWI Lawyers Do Win Some Cases
It is pointless for inexperienced lawyers to try ALR hearings, because they are VERY technical. On the other hand, experienced DWI attorneys help the judge discover that DPS has not proven its case, the individual’s chauffeur’s license will not be suspended.
Administrative License Suspension Periods.
If your license has actually been suspended because of a DWI arrest, you only have 15 days to demand a hearing objecting to the license suspension.
Your license might 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 driving while intoxicated.
If you supply a specimen above the legal limit of.08, your license will be suspended for no less than 90 days. The license suspension differs 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 operating record shows no alcohol-related or drug-related enforcement contact throughout the 10 years preceding the date of the person’s arrest; or
( 2) one year if the individual’s operating record reveals one or more alcohol-related or drug-related enforcement contacts during the Ten Years preceding the date of the person’s arrest.
License Suspension for Declining a Breath or Blood Test
Transportation Code 724.035 sets out the suspension period 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 resident without a license, release an order denying the issuance of a license to the individual for 180 days.
( b) The period of suspension or rejection is two years if the individual’s operating record reveals several alcohol-related or drug-related enforcement contacts, as defined by Area 524.001( 3), throughout the 10 years preceding the date of the individual’s arrest. [Check this Additional Reference.]
How long does it require to get an ALR hearing?
As soon as your attorney demands the ALR hearing, it can take 4 weeks to 120 days for DPS to set up a hearing date. Your attorney will be alerted of this date, which is generally a couple of weeks to months from the date of the notification.
ALR Hearings and License Suspensions
Since of the complexities involved in administrative license cancellations and license suspensions, it is always better to employ an attorney to handle these concerns for you. Your lawyer 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 duration in Texas?
After the suspension duration is over, you might contact your local DPS office to have your license reinstated. You will be accountable for paying a reinstatement charge, which is at least $125. Your legal representative will have the ability to validate your eligibility for reinstatement prior to you enter by logging into the DPS website.
Can an ALR choice be appealed?
Yes. You will be required to pay a cost to appeal the underlying choice, but you might appeal the ALR decision. This also grants you more time to drive on your license without the suspension entering into effect. Regrettably, the law is really favorable to the administrative judge, so very few appeals are successful.