Once arrested for DWI, you must request a hearing within 15 days of the date you were served with a notice of suspension for your driver's license.  However, notice will be sent to the address on your current driver's license, NOT your current address.  So, you will be "deemed" to have notice even if you do not actually receive the notice.  Therefore, it is critical you contact one of the license suspension attorneys at Evans & Peek right away in order to preserve your right to drive in Texas.   

What Is "ALR" or Administrative License Revocation? 

Administrative License Revocation, or "ALR", began in January 1995 and is really a civil/administrative process which is completely unrelated from the criminal proceedings.  These hearings are not even governed by the penal code.  ALR proceedings are governed by the Texas Transportation Code.  See Tex. Transp. Code Ann. Chapters 524 and 724.  The judges at an ALR hearing are known as an Administrative Law Judge.  The State of Texas has 44 ALR prosecutors, divided into six regions, with regional offices located in Austin, Houston, San Antonio, Garland, Fort Worth and Midland and are charged with prosecuting the ALR hearings. 

What Happens At An ALR Hearing? 

ALR hearings are conducted at a location designated by the State Office Of Administrative Hearing in either the county of arrest (if the arrest occurred in a county with a population in excess of 300,000) or within 75 miles of the county seat of the county of arrest. Alternatively, your attorney at Evans, Peek & McConnell can help you with arranging a hearing by teleconference. The ALR prosecutor, on behalf of the DPS, has the burden of proof by a "preponderance of the evidence". 

What is Texas Department of Public Safety Required to Prove? 

At the ALR hearing, the Texas Department of Public Safety must prove by a preponderance of the evidence that: (1) there was a sufficient legal basis to initially stop you (That is, reasonable suspicion to believe you had committed or were committing a crime); (2) there was sufficient legal basis to arrest you for DWI (that is, probable cause to believe you were DWI; and (3) either that you were validly offered and refused to provide a specimen for a breath or blood test or that you provided a specimen of breath or blood and the result exceeded the legal limit of .08 at the time you were driving.  

If you timely request a hearing to contest your license suspension, you will be given temporary permission to drive until an ALR Judge rules against you and subsequently authorizes the Department of Public Safety (DPS) to suspend your driver's license. If you lose at the hearing, your driver's license will be suspended.  At this point, in order to continue driving legally, you must obtain what is known as an occupational driver's license.  The criminal defense attorneys at Evans, Peek & McConnell are skilled at guiding you through this process and at obtaining occupational driver's licenses. 

Should I Request An ALR Hearing? 

For reasons which we can discussion, it is almost always a good idea to request an ALR hearing.  Primarily because information can be learned through the ALR process which can be vital to your defense of your DWI and most of our clients are able to obtain an occupational license to continue driving.  However, if you do not request a hearing, suspension of your license will be automatic. 

Can My License Be Suspended if I Take The A Breath Test? 

YES!!!!  Most people know that if they refuse to give a breath test that their license will be suspended.   Did you know that if you give a breath test that your license can be suspended too?  It is a misconception to believe that if you take the breath test that your license will not be suspended.  The only difference is how long your license will be suspended.  If you take the breath test and fail, you license will still be suspended.   

How Long Will My License Be Suspended? 

If you are a first time DWI offender and you fail the breath test (i.e. .08 or greater), your license will be suspended for 90 days.  If your license was previously suspended for failing or refusing the test or previously suspended for DWI, intoxication assault or intoxication manslaughter conviction then your license will be suspended for one year.

If you refuse the breath test and you are a first time DWI offender, your license will be suspended for 6 months.  If your license has previously been suspended for failing or refusing the test or previously suspended for DWI, or intoxication assault or intoxication manslaughter conviction, your license will be suspended for two years. 

If you are under 21 years of age, the suspension periods are different. 

How Much Do I Have to Pay To Reinstate My License? 

At the end of the suspension period, you will be required to pay a $125 reinstatement fee to the Department of Public safety in order to reinstate your license.  If you do not formally reinstate your driver's license and you drive while your license is suspended, you risk being arrested for the Class B misdemeanor of "Driving While License Suspended".  At Evans, Peek & McConnell we have a detailed instruction form which we will provide to you free of charge which will give you all the information you need to follow to reinstate your license. 

Note:  ALR applies to arrests for Boating While Intoxicated also. 

The first consultation with the ALR and license suspension attorneys at Evans & Peek are always free.  Timing is very critical.  So contact us today  for a free consultation.