Texas DWI Defense Lawyer Explains ALR Hearings

Did you know that being charged with DWI in Texas involves two separate legal proceedings? You are probably already aware that criminal proceedings are brought against drivers who are arrested for DWI. There is also a civil proceeding that follows DWI arrests, and it is called the Administrative Law Review (ALR) proceeding. These proceedings are brought against drivers who refuse blood or breath testing, as well as drivers who participate in and fail the tests. Drivers who are unaware of the ALR hearing aspect of their Texas DWI cases are at risk for losing their driving privileges, because a driver only has fifteen days from the date of their DWI arrest to request an ALR hearing and thereby preserve their chance at retaining their driving privileges.

Sometimes, the way in which an arresting officer describes the license suspension process might make it difficult for a driver to understand when and how their license suspension would take effect, as well as what their options are for contesting the suspension. For example, the arresting officer might tell a driver that their driver’s license will be suspended immediately upon their refusal to participate in blood or breath testing, instead of saying that such a refusal will result in automatic suspension if an ALR hearing is not timely requested.

When a driver requests an ALR hearing and a hearing is granted, that hearing has a very limited purpose – to give the judge information that they can use to issue an order deciding the issue of license suspension. At the ALR hearing, the Department of Public Safety (DPS) will attempt to prove by a preponderance of the evidence that your license should be suspended because blood or breath testing indicated that you had a blood alcohol level of .08 or greater when you were arrested, or because you refused to submit to blood or breath testing after being told what could happen is you refuse to take the tests. In order to counter the evidence that the DPS presents at an ALR hearing, the driver’s attorney presents evidence that tends to show that their license should not be suspended because one or both of the requirements for license suspension were not met.

Texas DWI Defense Attorney Jack Pettit – Protecting the Rights of Texans Accused of Drunk Driving

Requesting an ALR hearing allows you to contest the proposed suspension of your driver’s license. With something as important as your driving privileges at stake, it is essential that you have someone on your side that is familiar with the ALR hearing process and knows how to present a compelling case on your behalf. Since drivers have only fifteen days after their arrest to request an ALR hearing, it is important that you contact a Texas DWI Defense Lawyer immediately after you are arrested so that your attorney can timely file your hearing request. If you have questions about a Texas DWI case, call Jack Pettit, Attorney at Law today at 214-521-4567.

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