Texas DWI Defense Attorney Want You to Know About ALR

If you have never faced DWI charges in Texas, you may not know that it involves two types of legal proceedings. As in other states, drivers who get arrested for operating vehicles while they are intoxicated face criminal charges. In Texas, though, individuals arrested for DWI also face civil proceedings after their arrests. These proceedings are entirely separate from your criminal DWI case. The civil proceeding that follows a DWI arrest is called Administrative License Revocation (ALR). Drivers who do not know about ALR could lose their driving privileges as the result of their lack of awareness that they must request a hearing within fifteen days of their DWI arrest if they want to retain their driving privileges.

It is essential that drivers know about ALR before they get arrested because it is not always explained clearly during the DWI arrest process. Sometimes, the arresting officer describes the license suspension process in such a way that the driver does not understand that their driving privileges are in danger, when and how their license suspension would take effect, or that they have options for contesting the suspension. The outcome of the ALR process may be that your driver’s license is suspended for a length of time anywhere from ninety days to two years. If you have your CDL, you may also end up with an automatic one-year disqualification as the result of the ALR process.

During your traffic stop, if the law enforcement officer asks you to take a breath or blood test and you either refuse to take it or take it and fail it, you will be served notice that your driver’s license will be suspended. Once you receive that notice, you only have fifteen days to request an ALR hearing. If you do not request a hearing before the fifteen days are up, your license suspension will be set to go into effect on the fortieth day from the date of the notice. If you do request a hearing, know that that hearing has a very limited purpose – to provide the Administrative Law Judge with the information that they need to issue an order stating their decision the matter of your license suspension.

At your ALR hearing, the Department of Public Safety (DPS) will attempt to prove that your driver’s license should be suspended because you either had a blood alcohol level of .08 or greater at the time of your arrest or because you refused to submit to blood or breath testing. Since it is a hearing, you have the opportunity to counter the DPS’s evidence. Your attorney will present any available evidence that would tend to show the judge that your license should not be suspended. After your hearing is over, the judge will issue a final, appealable decision and order. If the judge finds that DPS has proven its case, the order will authorize license suspension. Conversely, if the judge decides that DPS has not proven its case, your license will not be suspended.

Texas DWI Defense Attorney Jack Pettit – Support for Texas DWI Defendants

Requesting an ALR hearing allows you to contest the proposed suspension of your driver’s license. Since you only have fifteen days to request an ALR hearing, it is important that you contact a Texas DWI Defense Attorney right away. Call Jack Pettit, Attorney at Law today at 214-521-4567.

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