Texas Administrative License Revocation (ALR)
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If you are arrested for a DWI in Texas, you will be facing two cases. The DWI case is a criminal case with a possible criminal conviction and punishment. The second case involves your driving privileges. The Texas Department of Public Safety will attempt to suspend your license in a civil proceeding through an administrative hearing called a the Administrative License Revocation (ALR).
Austin DWI Lawyers are professional, skillful, and seasoned in ALR litigation and saving the driver’s licenses of those charged with DWI. If you need a criminal defense attorney to represent you, contact us.
You Must Request a Hearing to Avoid License Suspension
Texas law provides that Texas drivers have given implied consent to provide a specimen of blood or breath if arrested for DWI. If you do not provide a specimen you are subject to suspension of your license.
When you are arrested for DWI the police officer is required to read you the statutory warning advising you of the suspension for not providing a blood or breath sample.
The ALR suspension is automatic if you do not request a hearing in writing. You must require a hearing within 15 days to challenge the suspension of your license. If you do not request a hearing within 15 days your license will be automatically suspended on the 41st day after you received notice on the day of your arrest.
If you request an ALR hearing you will have the opportunity to contest the suspension of your license. No action regarding suspension will be taken until after the hearing occurs, even if the hearing is held over 40 days after your arrest.
What DPS Must Prove At the ALR Hearing
Cases involving a breath test refusal can result in a suspension for not less than 180 days. DPS must prove that:
- There was was reasonable suspension for the police office to stop the driver;
- There was probable cause for the officer to believe that the driver was intoxicated;
- The driver was given the opportunity to provide a breath or blood specimen;
- The driver refused to provide a specimen of breath or blood.
Accused of Criminal Activity in Texas?
Cases involving a breath test failure can result in suspension of not less than 90 days. In these instances DPS must prove that:
- There was was reasonable suspension for the police office to stop the driver;
- There was probable cause for the officer to believe that the driver was intoxicated;
- The driver was given the opportunity to provide a breath or blood specimen;
- The driver had an alcohol concentration above the legal limit.
Austin ALR Defense
An attorney trained and experienced in ALR hearings can help to avoid the suspension of your drivers license. Further, the skillful criminal defense lawyer well versed in DWI cases will be able to use the hearing to gain discovery of your DWI case to better defend DWI charges.