DWI & Texas Driver’s License Suspension
SAVE YOUR LICENSE AFTER DWI ARREST!
Only 15 days after arrest to request a Navarro County TX ALR Hearing.
Navarro County TX DWI Attorney offers Free ALR Hearing Form to Arrange an to Prevent an Automatic DWI License Suspension.
This FREE assistance is provided to help you protect your license.
If fewer than 15 days have passed since your arrest in Navarro County TX, you are entitled to seek an ALR hearing. For the reasons spelled out below, it is vital that you request a hearing.
We will prepare your demand 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 process by which a person who is apprehended for operating while intoxicated or another intoxication-related offense seeks to prevent his/her motorist’s license from being suspended. A suspension can occur from either a rejection to submit to a blood or breath test or by supplying a specimen that leads to 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 pays attention to the proof in the case. DPS has the burden of proof in an ALR hearing. The motorist can challenge DPS’s case by providing any legal concerns that might exist. Unlike the criminal case, which need to be proven beyond a reasonable doubt, the burden of proof in an ALR hearing is onlypreponderance of evidence.
Your License is not Yet Suspended.
You have to understand that your license has not actually been suspended at the time of arrest. Since the cops took your license, it appears that it has actually been suspended, but it is not. However, to avoid suspension, you must ask for an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notification of Suspension (typically 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 drive after the hearing. If your license is suspended at the hearing, you may be able to protect restricted license, known as an occupational license to drive lawfully.
How to Win an ALR Hearing
- Delay Suspension Your license suspension does not go into effect up until the ALR hearing decision judgment is against you. Therefore, instead of having 40 days to drive on the temporary license, you may have a number of months where you are operating without limitation. If the judge rules in your favor, no administrative suspension will take place. There is the possibility of a conviction suspension.
- Arrange Temporary License Many knowledgeable attorneys will have a petition for occupational license prepared so that you can get an Occupational License as soon as possible if the ALR decision 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 without delay after the hearing.
- Cross Exam Arresting Officer Lots of hearings are held entirely on the police report, due to the fact that you win if the cops did not effectively record the evidence needed for DPS to win. If the officer participates in the hearing, they can cure the shortage with their statement, denying defense the win that was possible only with the inadequate police report.
Your attorney may subpoena the arresting officer to show up at the hearing. This is done for various factors. If the authorities report is sufficient for DPS to win, then it may be beneficial to subpoena the officer, hoping their absence will enable a defense win. Also, if a trial of the DWI case is being considered, the ALR hearing enables the officer to be analyzed under oath, intending to find information that will be useful in trial. Your lawyer will be able to cross-examine the officer appears that the ALR hearings. This provides us with a discovery opportunity to question the officer who apprehended you. There are a variety of advantages to doing this. Chief amongst them is the fact that we have the ability to cross-examine officers without the presence of a criminal prosecutor to redirect 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 choice is to take a win if I can get it and just subpoena the officer if the scenario is desperate or the officer’s statement is vital to trial preparation. The additional expenditure and trouble isn’t really worth it otherwise.
Your legal representative will obtain any non-privileged discovery, such as the offense reports prior to the hearing.
What is The Texas ALR Process
The Motorist is asked to breathe or blood test to determine his/her blood alcohol concentration (BAC) level. The chauffeur is served a “notice of suspension” that his/her chauffeur license will be suspended because of a refusal to take or failure of the field sobriety test. The individual then has 15 days from the date the suspension notice is served to “seek an ALR hearing.”
- The police officer will take the individual’s driver license and provide a momentary operating permit.
- A $125 Reinstatement Fee is required prior to the renewal or issuance of a motorist license.
- $10 for each year of temporary license
- You may be required to take a course or other type of rehab.
Importance of Your “Notice of Suspension”
The notification of suspension doubles as your “temporary operating authorization.” It is marked “DIC-25” and written in the upper right-hand corner. The bottom of your notice describes the best ways to ask for an ALR hearing. It stands chauffeur’s license till 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 rejects the DPS request 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 impact on the 40th day after the notice was served. (This is typically 40 days after the arrest.).
Ways to Ask for An ALR Hearing?
You or your attorney might request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during normal company hours. You may also send your demand by means of fax at 512-424-2650. The simplest way to seek a hearing is to take advantage of our FREE ALR DEMAND. To do so, complete our FREE evaluation type to supply us with the details we have to make the demand for you.
In addition to adequately likely} than an offense has been occurring. An example of probable cause would be anty traffic offense or refusing field sobriety test( s) or confessing to drinking alcohol. The legal requirements to meet this test are extremely low, so DPS almost always wins this concern.
3. Justification to Suspend Your License
Lastly, DPS should prove that the motorist either breathed or blood test and had a blood alcohol concentration of over.08 or the chauffeur refused to breathe or blood test.
Legal Standard Favors DPS
Understand thatadequate of the evidence 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 decision and order. If the judge finds that DPS has proven its case, the judge will authorize the suspension of the person’s driver’s license.
Experienced DWI Lawyers Do Win Some Cases
It is useless for inexperienced lawyers to attempt ALR hearings, because they are VERY technical. On the other hand, experienced DWI lawyers help the judge discover that DPS has actually not shown its case, the person’s chauffeur’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 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 operating 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 varies depending on 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 private failed the breath or blood test:
( 1) 90 days if the person’s driving record reveals no alcohol-related or drug-related enforcement contact during the Ten Years preceding the date of the individual’s arrest; or
( 2) one year if the individual’s operating record reveals several alcohol-related or drug-related enforcement contacts during the 10 years preceding the date of the individual’s arrest.
License Suspension for Declining a Breath or Blood Test
Transportation Code 724.035 sets out the suspension duration for rejection cases.
( 1) suspend the person’s license to operate a motor vehicle on a public highway for 180 days; or
( 2) if the person is a homeowner without a license, release an order rejecting the issuance of a license to the person for 180 days.
( b) The period of suspension or rejection is 2 years if the individual’s operating record reveals several alcohol-related or drug-related enforcement contacts, as specified by Area 524.001( 3), during the 10 years preceding the date of the person’s arrest. Check this Additional Reference.
The length of time does it take to get an ALR hearing?
Once your legal representative seeks the ALR hearing, it can take 4 weeks to 120 days for DPS to schedule a hearing date. Your attorney will be informed of this date, which is usually a few weeks to months from the date of the notification.
ALR Hearings and License Suspensions
Because of the intricacies involved in administrative license revocations and license suspensions, it is always much better to work with a lawyer to manage these concerns for you. Your legal representative will seek 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 call your local DPS workplace to have your license reinstated. You will be responsible for paying a reinstatement charge, which is at least $125. Your lawyer will have the ability to confirm your eligibility for reinstatement prior to you enter by logging into the DPS site.
Can an ALR decision be appealed?
Yes. You will be forced to pay a charge to appeal the underlying choice, but you might appeal the ALR decision. This likewise grants you more time to drive on your license without the suspension entering into impact. Unfortunately, the law is very favorable to the administrative judge, so few appeals are successful.