DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Nueces County TX ALR Hearing.
Nueces County TX DWI Attorney offers Free ALR Hearing Form to Request 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 Nueces County TX, you are entitled to seek an ALR hearing. For the reasons made clear below, it is very important that you seek a hearing.
We will prepare your seek 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 procedure 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 refusal to submit to a blood or breath test or by providing a specimen that leads to 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 listens to the evidence in the case. DPS has the burden of proof in an ALR hearing. The chauffeur can attack DPS’s case by presenting any legal issues that might exist. Unlike the criminal case, which must be proven beyond a reasonable doubt, the burden of proof in an ALR hearing is justadequate 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. Given that the cops took your license, it appears that it has actually been suspended, however it is not. Nevertheless, to avoid suspension, you need to request an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notification of Suspension (usually the date of arrest). If you prompt requested a hearing to contest your license suspension, you will be able to continue operating up 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 may be able to secure limited license, known as an occupational license to operate lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into result till the ALR hearing choice ruling is against you. Therefore, instead of having 40 days to operate on the temporary license, you might have numerous months where you are operating without limitation. If the judge rules in your favor, no administrative suspension will happen. There is the possibility of a conviction suspension.
- Arrange Temporary License The majority of experienced lawyers will have a petition for occupational license prepared so that you can obtain an Occupational License as quickly as possible if the ALR choice is rendered versus you. To avoid suffering an extended period of suspension after a hearing, it is well to prepare the ODL, so it can be submitted immediately after the hearing.
- Cross Exam Arresting Officer Lots of hearings are held entirely on the cops report, since you win if the authorities did not effectively record the proof needed for DPS to win. If the officer participates in the hearing, they can cure the shortage with their statement, rejecting defense the win that was possible only with the insufficient cops report.
Your legal representative might subpoena the arresting officer to show up at the hearing. This is done for various factors. If the authorities report is adequate for DPS to win, then it might be beneficial to subpoena the officer, hoping their lack will permit a defense win. Also, if a trial of the DWI case is being thought about, the ALR hearing allows the officer to be examined under oath, intending to discover details that will work in trial. Your lawyer will be able to cross-examine the officer appears that the ALR hearings. This offers us with a discovery opportunity to question the officer who detained you. There are a number of advantages 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 legal representatives consider this wise, even if it results in loss of an otherwise winnable ALR hearing. My choice is to take a win if I can get it and only subpoena the officer if the circumstance is desperate or the officer’s testimony is vital to trial preparation. The extra cost and problem isn’t worth it otherwise.
Your attorney will get any non-privileged discovery, such as the offense reports prior to the hearing.
Exactly what is The Texas ALR Process
The Chauffeur is asked to breathe or blood test to measure 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 short-lived driving license.
- A $125 Reinstatement Cost is needed prior to the renewal or issuance of a driver license.
- $10 for each year of temporary license
- You may be required to take a course or other type of rehab.
Significance of Your “Notification of Suspension”
The notification of suspension functions as your “short-term operating authorization.” It is significant “DIC-25” and written in the upper right-hand corner. The bottom of your notification describes ways to ask for an ALR hearing. It is valid driver’s license till either 40 days after arrest or, if a timely demand is made for an ALR hearing, the hearing happens and a suspension happens. If the ALR judge rejects the DPS demand for suspension, your license continues to be valid.
What Takes place If You Fail to demand An ALR Hearing?
If a hearing is not asked for, the suspension goes into effect on the 40th day after the notice was served. (This is generally 40 days after the arrest.).
Ways to demand An ALR Hearing?
You or your attorney may ask for an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during regular business hours. You may also send your demand via fax at 512-424-2650. The simplest way to ask for a hearing is to benefit from our FREE ALR DEMAND. To do so, total our FREE examination type to provide us with the info we need to make the demand for you.
In addition to sufficiently likely} than an offense has been committed. An example of probable cause would be speeding or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to fulfill this test are very low, so DPS often wins this issue.
3. Justification to Suspend Your License
Lastly, DPS must show that the driver either breathed or blood test and had a blood alcohol concentration of over.08 or the driver refused to take a breath or blood test.
Legal Standard Favors DPS
Understand thatsufficient of the proof is a very low standard so DPS often 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 final, appealable choice and order. If the judge discovers that DPS has proven its case, the judge will license the suspension of the person’s driver’s license.
Experienced DWI Lawyers Do Win Some Cases
It is useless for inexperienced lawyers to appear for ALR hearings, because they are VERY technical. On the other hand, experienced DWI lawyers help the judge find that DPS has actually not proven its case, the person’s motorist’s license will not be suspended.
Administrative License Suspension Periods.
If your license has been suspended because of a DWI arrest, you only have 15 days to seek a hearing contesting the license suspension.
Your license may be suspended if you refuse to supply a specimen of your breath or blood for a period of 180 days, even if you are entirely innocent of operating while intoxicated.
If you provide 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 stopped working the breath or blood test:
( 1) 90 days if the individual’s operating record reveals no alcohol-related or drug-related enforcement contact throughout the Ten 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 throughout the 10 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 individual’s license to run a motor vehicle on a public highway for 180 days; or
( 2) if the individual is a citizen without a license, provide an order denying the issuance of a license to the individual for 180 days.
( b) The duration of suspension or denial is two years if the individual’s operating record shows one or more alcohol-related or drug-related enforcement contacts, as specified by Area 524.001( 3), throughout the Ten Years preceding the date of the person’s arrest. [Check this Additional Reference.]
For how long does it take to get an ALR hearing?
Once your legal representative 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 typically a couple of weeks to months from the date of the notice.
ALR Hearings and License Suspensions
Since of the intricacies associated with administrative license cancellations and license suspensions, it is always better to hire an attorney to manage these problems for you. Your legal representative will seek the hearing, subpoena arresting 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 period is over, you may contact your local DPS office to have your license restored. You will be accountable for paying a reinstatement charge, which is at least $125. Your attorney will have the ability to confirm your eligibility for reinstatement before you go in by logging into the DPS site.
Can an ALR choice be appealed?
Yes. You will be required to pay a cost to appeal the underlying choice, but you may 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 very favorable to the administrative judge, so few appeals achieve success.