What is {county} Most Efficient Way to Request 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 seek an ALR hearing. For the reasons spelled out below, it is very important that you demand a hearing. The following form serves two (2) purposes:

  1. It collects ALL the information to present an formal ALR seek and
  2. Collects requirements so we can provide you tips on what else you need to do to protect 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 Suspension or ALR is an administrative procedure by which an individual who is detained for driving while intoxicated or another intoxication-related offense looks for to prevent his or her chauffeur’s license from being suspended. A suspension can occur from either a refusal 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 proof in the case. DPS has the burden of proof in an ALR hearing. The motorist can attack DPS’s case by presenting any legal concerns that might exist. Unlike the criminal case, which should be shown beyond a sensible doubt, the burden of proof in an ALR hearing is onlypreponderance of proof.

Your License is not Yet Suspended.

You need to know that your license has not actually been suspended at the time of arrest. Given that the authorities took your license, it appears that it has been suspended, but it is not. However, to prevent suspension, you need to ask for an Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notification of Suspension (usually the date of arrest). If you timely demanded a hearing to contest your license suspension, you will be able to continue operating 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 secure limited license, called an occupational license to operate lawfully.

Why ALR Hearings are Beneficial

  1. Delay Suspension Your license suspension does not enter into result until the ALR hearing decision judgment is against you. For that reason, instead of having 40 days to drive on the momentary license, you may have numerous 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.
  2. Arrange Temporary License A lot of knowledgeable attorneys will have a petition for occupational license prepared so that you can acquire an Occupational License as quickly as possible if the ALR choice 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 immediately after the hearing.
  3. Cross Exam Arresting Officer Lots of hearings are held solely on the police report, because you win if the cops did not properly record the proof required 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 insufficient cops report.

Your legal representative may subpoena the detaining officer to appear at the hearing. This is provided for various reasons. If the authorities report is adequate for DPS to win, then it might be worthwhile to subpoena the officer, hoping their lack will permit a defense win. Likewise, if a trial of the DWI case is being thought about, the ALR hearing permits the officer to be examined under oath, intending to find details that will be useful in trial. Your attorney will have the ability to cross-examine the officer shows up that the ALR hearings. This offers us with a discovery chance to question the officer who jailed you. There are a number of advantages to doing this. Chief among them is the fact that we have the ability 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 smart, even if it results in loss of an otherwise winnable ALR hearing. My preference is to take a win if I can get it and only subpoena the officer if the circumstance is desperate or the officer’s testament is critical to trial preparation. The additional cost and difficulty isn’t really worth it otherwise.
Your legal representative will obtain any non-privileged discovery, such as the offense reports prior to the hearing.

Exactly what is The Texas ALR Process

The Motorist is asked to take a breath or blood test to measure his/her blood alcohol concentration (BAC) level. The driver is served a “notification 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 “seek an ALR hearing.”

  • The police officer will take the person’s driver license and provide a momentary driving permit.
  • A $125 Reinstatement Cost is needed prior to the renewal or issuance of a driver 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 notice of suspension functions as your “momentary operating authorization.” It is significant “DIC-25” and written in the upper right-hand corner. The bottom of your notice explains how to seek an ALR hearing. It stands driver’s license until either 40 days after arrest or, if a prompt request is produced an ALR hearing, the hearing happens and a suspension occurs. If the ALR judge rejects the DPS request for suspension, your license continues to stand.

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

If a hearing is not seeked, the suspension goes into effect on the 40th day after the notice was served. (This is normally 40 days after the arrest.).
How To Ask for An ALR Hearing?
You or your legal representative might request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during regular service hours. You may also send your demand by means of fax at 512-424-2650. The simplest way to ask for a hearing is to take advantage of our FREE ALR seek. To do so, complete our FREE assessment kind to supply us with the info we have to make the ask for you.
In addition to sufficiently likely} than an offense has actually been happening. An example of probable cause would be anty traffic offense or refusing field sobriety test( s) or admitting to drinking alcohol. The legal requirements to satisfy this test are very low, so DPS often wins this issue.

3. Justification to Suspend Your License

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

4. Legal Standard Favors DPS

Understand thatadequate of the evidence is a very low requirement so DPS frequently wins these hearings. In fact, in north Texas, DPS wins these hearings over 95% of the time. After the hearing, the ALJ will release a final, appealable decision and order. If the judge finds that DPS has actually proven its case, the judge will authorize the suspension of the person’s chauffeur’s license.

5. Experienced DWI Lawyers Do Win Some Cases

It is a waste of time for inexperienced lawyers to try ALR hearings, because they are VERY technical. On the other hand, experienced DWI advocates help the judge discover that DPS has not proven its case, the individual’s driver’s license will not be suspended.

Administrative License Suspension Durations.

If your license has actually been suspended because of a DWI arrest, you only have 15 days to ask for a hearing objecting to the license suspension.
Your license might be suspended if you refuse to supply a specimen of your breath or blood for a duration of 180 days, even if you are completely innocent of driving while intoxicated.
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 differs 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 individual stopped working the breath or blood test:
( 1) 90 days if the person’s operating record reveals no alcohol-related or drug-related enforcement contact throughout the 10 years preceding the date of the individual’s arrest; or
( 2) one year if the person’s operating record reveals several alcohol-related or drug-related enforcement contacts throughout the 10 years preceding the date of the individual’s arrest.

License Suspension for Refusing a Breath or Blood Test

Transportation Code 724.035 sets out the suspension duration for refusal cases.
( 1) suspend the individual’s license to operate an automobile on a public highway for 180 days; or
( 2) if the person is a citizen without a license, release an order rejecting the issuance of a license to the individual for 180 days.
( b) The duration of suspension or denial is two years if the person’s operating record shows one or more alcohol-related or drug-related enforcement contacts, as specified by Section 524.001( 3), throughout the Ten Years preceding the date of the individual’s arrest.

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 lawyer will be informed of this date, which is generally a few weeks to months from the date of the notification.

ALR Hearings and License Suspensions

Because of the intricacies associated with administrative license revocations and license suspensions, it is always better to hire an attorney to handle these problems for you. Your attorney 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 period is over, you may call your regional DPS workplace to have your license reinstated. You will be accountable for paying a reinstatement cost, which is at least $125. Your attorney will be able to verify your eligibility for reinstatement prior to you enter by logging into the DPS site.

Can an ALR choice be appealed?

Yes. You will be forced to pay a charge to appeal the underlying decision, however you may appeal the ALR decision. This also grants you more time to operate on your license without the suspension entering into effect. Regrettably, the law is extremely favorable to the administrative judge, so few appeals succeed.