Administrative License Review (ALR)
You only have 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING or your Texas Driver’s License will be suspended. Failure to request the hearing will result in an automatic suspension. Jones & Hull, P.C. can make this request and conduct the hearing for you.
Texas Driver’s License Suspension; DWI
Failing a breath or blood test, or refusing to take one may result in a Texas driver’s license suspension. The suspension will take effect 41 days after the arrest unless an ALR hearing is requested. If requested, the suspension will not go into affect unless the ALR hearing is unsuccessful. If you fail to request a hearing, you can still obtain an occupational driver’s license from a judge. This will allow you to drive to work, school, and to perform household duties.
Most people in Texas need a driver’s license to function on a day-to-day basis. It is possible to prevent the suspension of your driver’s license. Contact Jones & Hull, P.C. and we can help prevent your license from being suspended.
Administrative License Revocation (ALR) Hearing
If arrested for DWI, a person has two cases filed against them:
- Criminal DWI Case; AND
- Civil Driver’s License Revocation Case
The civil case applies only to driving privileges in the state of Texas. It will not negatively impact the criminal case in any way. This case can be challenged through what is called an Administrative License Revocation hearing. At this hearing, the Department of Public Safety presents evidence of why your license should be suspended.
Administrative License Revocation Hearing Procedures
At the hearing, the Department of Public Safety will be required to present evidence showing that:
- There was reasonable suspicion to stop or probable cause to arrest the driver;
- Probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
- The driver was placed under arrest and was 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 driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
Results of an Unsuccessful ALR Hearing
If it is the person’s first DWI arrest and they refused to submit to a breath or blood test, their Texas Driver’s License will be suspended for 180 days. If the person agreed to the test but failed (BAC of 0.08 or higher), the person’s Texas Driver’s License will be suspended for 90 days.
If the person has been convicted of a prior DWI and refused to submit to a breath or blood test, their Texas Driver’s License will be suspended for two years. If the individual submitted to the test but had an alcohol concentration of 0.08 or higher, their Texas Driver’s License will be suspended for one year.
After the ALR Hearing
If your license is not suspended at the hearing, DPS is obligated to return your driver’s license. If a suspension is ordered either automatically or after the hearing, you must pay a reinstatement fee of $125 to the Texas Department of Public Safety before your license will be reinstated. There is a specific Texas Department of Public Safety form that must be submitted to reinstate your driving privileges.
Contact us today to speak with a knowledgeable attorney.
