What is {county} Most Efficient Way to Get an ALR Hearing?

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.

This FREE assistance is provided to help you protect your license.

If fewer than 15 days have passed since your arrest in {county} or elsewhere in Texas, you are entitled to demand an ALR hearing. For the reasons made clear below, it is Vital that you seek a hearing. The following form serves two (2) purposes:

  1. It gathers ALL the information to submit an formal ALR request and
  2. Collects requirements so we can give you tips on what else you need to do to deal with your DWI arrest.

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).

What is an ALR Hearing?
An Administrative License Revocation or ALR is an administrative procedure by which an individual who is jailed for operating while intoxicated or another intoxication-related offense looks for to prevent his or her chauffeur’s license from being suspended. A suspension can take place from either a rejection to submit to a blood or breath test or by providing a specimen that results in a 0.08 or greater blood alcohol concentration.

Exactly 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 evidence in the case. DPS has the burden of proof in an ALR hearing. The motorist can challenge DPS’s case by providing any legal problems that might exist. Unlike the criminal case, which must be proven beyond a sensible doubt, the burden of proof in an ALR hearing is onlypreponderance of proof.

Your License is not Yet Suspended.

You have to understand that your license has not actually been suspended at the time of arrest. Because the police took your license, it appears that it has been suspended, but it is not. However, to avoid suspension, you must request an Administrative License Cancellation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (typically the date of arrest). If you prompt requested a hearing to contest your license suspension, you will be able to continue driving till 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 protect restricted license, referred to as an occupational license to drive legally.

Why ALR Hearings are Beneficial

  1. Delay Suspension Your license suspension does not enter into effect until the ALR hearing choice judgment protests you. Therefore, instead of having 40 days to drive on the short-lived license, you might have several months where you are operating without restriction. If the judge guidelines in your favor, no administrative suspension will happen. There is the possibility of a conviction suspension.
  2. Arrange Temporary License The majority of skilled attorneys will have a petition for occupational license prepared so that you can get an Occupational License as quickly as possible if the ALR decision is rendered versus you. To avoid suffering a long period of suspension after a hearing, it is well to prepare the ODL, so it can be filed without delay after the hearing.
  3. Cross Exam Arresting Officer Many hearings are held exclusively on the police report, since you win if the authorities did not adequately record the proof needed for DPS to win. If the officer goes to the hearing, they can cure the deficiency with their testament, rejecting defense the win that was possible just with the inadequate cops report.

Your legal representative may subpoena the arresting officer to show up at the hearing. This is provided for different factors. If the police report is appropriate for DPS to win, then it might be beneficial to subpoena the officer, hoping their lack will enable a defense win. Likewise, if a trial of the DWI case is being considered, the ALR hearing permits the officer to be examined under oath, hoping to find information that will be useful in trial. Your attorney will be able to cross-examine the officer appears that the ALR hearings. This provides us with a discovery chance to question the officer who apprehended you. There are a number of advantages to doing this. Chief amongst them is the fact that we are able to cross-examine officers without the presence of a criminal district attorney to reroute them or prepare them.
RISK: Police Get to Supplement their report. Some legal representatives consider this clever, even if it leads to loss of an otherwise winnable ALR hearing. My preference is to take a win if I can get it and just subpoena the officer if the situation is desperate or the officer’s testimony is crucial to trial preparation. The extra expense and difficulty isn’t worth it otherwise.
Your lawyer will obtain any non-privileged discovery, such as the offense reports prior to the hearing.

What is The Texas ALR Process

The Chauffeur is asked to breathe or blood test to determine his/her blood alcohol concentration (BAC) level. The motorist is served a “notice of suspension” that his/her motorist license will be suspended because of a refusal to take or failure of the field sobriety test. The specific then has 15 days from the date the suspension notification is served to “request an ALR hearing.”

  • The law enforcement officer will take the person’s motorist license and provide a short-lived operating authorization.
  • A $125 Reinstatement Cost is required prior to the renewal or issuance of a chauffeur license.
  • $10 for each year of temporary license
  • You may be needed to take a course or other type of rehab.

Significance of Your “Notice of Suspension”

The notification of suspension doubles as your “short-lived driving license.” It is significant “DIC-25” and written in the upper right-hand corner. The bottom of your notice describes how to ask for an ALR hearing. It stands driver’s license until either 40 days after arrest or, if a prompt request is made for an ALR hearing, the hearing occurs and a suspension happens. If the ALR judge denies the DPS request for suspension, your license continues to be valid.

What Happens If You Fail to Ask for An ALR Hearing?

If a hearing is not asked for, the suspension enters into result on the 40th day after the notice was served. (This is normally 40 days after the arrest.).
How To request An ALR Hearing?
You or your attorney might ask for an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays throughout normal business hours. You may likewise send your request via fax at 512-424-2650. The easiest method to ask for a hearing is to take advantage of our FREE ALR DEMAND. To do so, total our FREE assessment kind to supply us with the information we have to make the ask for you.
In addition to sufficiently likely} than an offense has been occurring. An example of likely cause would be anty traffic offense or failed field sobriety test( s) or admitting to drinking alcohol. The legal requirements to fulfill this test are very low, so DPS generally wins this issue.

3. Justification to Suspend Your License

Finally, DPS should show that the driver either breathed or blood test and had a blood alcohol concentration of over.08 or the motorist chose not to take a breath or blood test.

4. Legal Standard Favors DPS

Understand thatsufficient of the evidence is an extremely low standard so DPS typically 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 discovers that DPS has proven its case, the judge will authorize the suspension of the person’s driver’s license.

5. Experienced DWI Lawyers Do Win Some Cases

It is pointless for untrained persons 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 shown its case, the individual’s chauffeur’s license will not be suspended.

Administrative License Suspension Periods.

If your license has actually been suspended because of a DWI arrest, you just have 15 days to ask for a hearing objecting to the license suspension.
Your license might be suspended if you choose not to provide a specimen of your breath or blood for a period of 180 days, even if you are totally innocent of operating while inebriated.
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 varies 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 driving record shows no alcohol-related or drug-related enforcement contact throughout the 10 years preceding the date of the person’s arrest; or
( 2) one year if the person’s driving record shows several alcohol-related or drug-related enforcement contacts during the Ten 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 an automobile on a public highway for 180 days; or
( 2) if the individual is a local without a license, release an order denying the issuance of a license to the person for 180 days.
( b) The duration of suspension or rejection is 2 years if the individual’s driving record reveals one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001( 3), throughout the Ten Years preceding the date of the person’s arrest.

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 arrange a hearing date. Your attorney will be informed 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 involved in administrative license revocations and license suspensions, it is always much better to work with a lawyer to handle these problems for you. Your lawyer will ask for the hearing, subpoena detaining 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 duration is over, you may contact your local DPS workplace to have your license restored. You will be responsible for paying a reinstatement charge, which is at least $125. Your attorney will be able to confirm your eligibility for reinstatement before you enter by logging into the DPS site.

Can an ALR decision be appealed?

Yes. You will be forced to pay a fee to appeal the underlying choice, however you might appeal the ALR choice. This also grants you more time to operate on your license without the suspension going into impact. Unfortunately, the law is really beneficial to the administrative judge, so few appeals are successful.