Administrative License Revocation Hearing
ALR Hearings: Your First Line of Defense Against DWI Charges
An ALR hearing (Administrative License Revocation hearing) is a crucial step in defending against a DWI charge in Texas. While not directly tied to the criminal aspect of Driving While Intoxicated, the outcome of an ALR hearing can significantly impact future legal proceedings.
Below is what you need to know:
Importance of ALR Hearings
Timely Action Required
ALR hearings directly influence the testimony of arresting officers, admissibility of field sobriety tests, and the scientific validity of breath or blood samples in criminal courts. Always ensure that an ALR hearing is requested promptly after a DWI arrest.
It’s vital to request an ALR hearing within 15 days of the arrest date. Failure to do so results in automatic license suspension on the 40th day post-arrest. Remember, the clock starts ticking immediately after your arrest, so act swiftly to protect your driving privileges.
Understanding the Nature of Suspension
Suspension Methods
ALR suspension is civil and doesn’t determine your DWI conviction status. If a suspension is ordered while the DWI charge is pending, your license can become active again upon resolution of the criminal case.
DPS can suspend your license if your breath or blood specimen tests above the legal limit of .08 or if you refuse testing. Minors with any detectable alcohol level may also face suspension.
Dispelling Myths
Contrary to popular belief, your license isn’t automatically suspended after a DWI arrest or refusal to submit to tests. You have the right to contest the arrest and suspension at an ALR hearing. Only after this hearing and an unfavorable ruling by the administrative judge can DPS proceed with the suspension.
Implied Consent Law
The Importance of Skilled Representation
ALR suspension is based on Texas’s implied consent law, stating that by obtaining a driver’s license, you agree to submit to tests upon arrest. While refusal is your right, it may lead to longer suspension periods.
While ALR hearings can be challenging, they are not impossible to win. A proficient DWI attorney understands the nuances and strategies of ALR hearings, potentially leading to case dismissal or favorable outcomes.
Many criminal defense attorneys don’t take these ALR hearings seriously, think they are a waste of time, or impossible to win. These hearings CAN be difficult to win and they were not created in favor of the defendant. However, a true DWI attorney who knows the strategies and rules concerning ALR hearings, knows that these ALR hearings can be won and/or in addition set your criminal case up for possible dismissal.
FAQ's
Navigating ALR Hearings: Your Questions Answered
If you’ve recently faced a DWI charge or are seeking clarity on ALR procedures, you’re in the right place. In this series, we’ll address common questions and misconceptions surrounding ALR hearings.
If you refuse to provide a breath or blood specimen and have no prior alcohol-related contacts within 10 years, your license could be suspended for 180 days.
If you agree to provide a breath or blood sample and the results indicate a BAC level exceeding .08, your license could face a suspension period of 90 days.
If you have prior alcohol or drug-related contacts within the past 10 years of your current arrest, DPS (Texas Department of Public Safety) can enhance your license suspension periods as follows:
- Refusal: The suspension period for refusing to submit to a breath or blood test can be enhanced from 180 days up to 2 years.
- Consent with a Result Over .08: If you consent to a breath or blood test and the result is over .08, the suspension period can be enhanced from 90 days to 1 year.
A "prior alcohol/drug contact" encompasses the following scenarios:
Conviction of an offense related to intoxicated driving: This includes offenses such as driving while intoxicated (DWI), driving under the influence (DUI), or operating a vehicle under the influence of a controlled substance, resulting in a driver's license suspension, disqualification, or prohibition order.
Refusal to submit a breath/blood specimen: If a driver refuses to submit to a breath or blood test following an arrest for a DWI-related offense, it can lead to driver's license consequences.
Analysis of a breath or blood specimen over the legal limit: If analysis of a breath or blood specimen shows a concentration over the legal limit following an arrest for a DWI-related offense, it can also result in driver's license penalties.
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