Texas ALR Hearings for Drunk Driving
Most Texans do not realize that if you refuse to take a breath or blood alcohol test in Texas, the Texas Department of Public Safety (“DPS”) can automatically revoke your driver’s license.
If you refused a test and were arrested for a DWI, you typically find yourself facing two separate cases: the criminal DWI case the State is bringing and the Administrative License Revocation (ALR) case brought brought by the DPS.
What happens at an ALR Hearing in Dallas, Texas?
An ALR Hearing is an administrative hearing where an Administrative Law Judge will hear evidence about whether your license should be revoked. An ALR hearing is a civil proceeding, not criminal.
Legal Ad Network
Injured in an Auto Accident?
The State will put on evidence in an attempt to have your driver’s license revoked. You will also have the opportunity to put on your own evidence.
A seasoned DWI attorney can (and should) represent you at this hearing.
The Administrative Law Judge will then consider the evidence and determine whether to uphold the suspension of your license before issuing an appealable decision.
ALR Time Line
After your DWI arrest, it is crucial to quickly engage a qualified DWI attorney. You may have as little as 15 days to schedule an ALR hearing after being charged with a DWI.
Remember that an ALR hearing is a separate matter from your criminal DWI case.
What that means is, even if you win your DWI case, you may still find yourself with a suspended license if you did not schedule an ALR hearing to challenge the suspension.
How do you win an ALR Hearing?
The State has the burden of proving its case against you. An experienced, qualified attorney can help attack, undermine, and defend against the State’s case.
For example, your attorney can help prove the officer did not have reasonable suspicion to stop you, probable cause to arrest you, or help you challenge critical procedural errors in the State’s case.