What is a DWI ALR Hearing?
An Administrative License Revocation Hearing (ALR) must be requested within 15 days of a DWI arrest. Failure to request the ALR hearing will cause a person’s Texas driver’s license to be suspended. There are two parts to a DWI charge:
- The DWI criminal case
- The DWI driver’s license case
Proper DWI Defense will often include an ALR Hearing where your attorney can defend your rights and often avoid a drivers license suspension. We have successfully defended hundreds of clients in the McKinney, Frisco, Allen and Plano areas of North Texas and have a 90% success rate in defending against DWI convictions. Put our courtroom experience to work for you in your Driving While Intoxicated defense case.
DWI Criminal Case
A DWI is a crime and criminal charges will ensue. The District Attorney’s Office or the County Attorney’s Office will pursue a DWI criminal conviction. Texas law does not allow a DWI conviction to be expunged from an individual’s criminal record.
DWI Driver’s License Case
The Texas Department of Public Safety (DPS) monitors and controls driver’s licenses issued by the state of Texas. DPS will attempt to suspend a DWI suspect’s driver’s license if the individual refuses to take a breath or blood test. They will also attempt to suspend a DWI suspect’s driver’s license if the individual fails a breath or blood test by having a breath or blood alcohol content of 0.08 or higher.
Despite what DWI police officers tell people, refusing to take a breath or blood test will not result in an automatic driver’s license suspension.
After a DWI arrest, a DWI suspect will be issued a temporary driver’s license that will expire 40 days after the DWI arrest. Requesting an ALR hearing will allow the person to drive until the ALR hearing takes place. It can take up to 6 months before the ALR hearing is scheduled by DPS. If a person wins the ALR hearing, their license is automatically reinstated.
DWI Effects on an Out-of-State Driver’s License
Texas police officers cannot take a driver’s license issued by another state. Also, the state of Texas does not have the authority to suspend a driver’s license issued by another state. But, the state of Texas can and will pursue a criminal DWI conviction against the individual.
The DWI ALR Hearing
Remember, an individual has 15 days from the date of the DWI arrest to request an ALR hearing. Failure to request the ALR hearing will result in an automatic suspension of the Texas driver’s license.
At the ALR hearing, DPS must prove the following by a preponderance of the evidence:
- The DWI arresting officer had reasonable suspicion to stop the individual’s car or probable cause to arrest the individual.
- Probable cause existed that the individual was driving a motor vehicle in a public place while intoxicated.
- The DWI suspect was arrested and offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND
- The DWI suspect refused to give a specimen at the request of the officer, OR
- The DWI suspect submitted to a breath or blood test and failed by having an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
If DPS fails to prove any one of these items, the DWI suspect’s driver’s license will not be suspended for refusing an alcohol test or failing an alcohol test.
The attorneys at Jones & Hull, P.C. can handle your ALR hearing. If you have been arrested for Driving While Intoxicated (DWI), contact Jones & Hull, P.C. immediately. We can properly conduct your ALR hearing and ensure that your rights are not violated during this process.
Contact us today to speak with a knowledgeable attorney.
