Winning an Administrative License Revocation (ALR) hearing in Texas requires a strategic approach and, most importantly, quick action. From the moment you are arrested for a DWI, you are in a race against time.
You have just 15 days to request an ALR hearing and contest the suspension of your driver’s license. Missing this crucial window results in an automatic suspension, significantly impacting your ability to drive.
If you’re facing Texas driver’s license suspension, it is possible to have your ALR hearing dismissed so long as your lawyer is able to dispute any evidence. To do that, you need to hire a trial-tested DWI attorney from Thiessen Law Firm.
Keep reading to learn how to win an ALR hearing in Texas or if you or a loved one is facing DWI charges, contact Thiessen Law Firm online or call us today at (713) 864-9000 to protect your rights.
What does ALR stand for?
ALR stands for Administrative License Revocation. It’s a civil process in Texas triggered by a DWI (Driving While Intoxicated) arrest, where the Department of Public Safety (DPS) attempts to suspend the driver’s license of individuals arrested for DWI. It’s important to note that ALR hearings are not criminal hearings — they focus solely on the driver’s ability to legally operate a vehicle.
When a driver is arrested for DWI, they are subjected to either a breath or blood test to measure their Blood Alcohol Concentration (BAC). If the BAC is 0.08% (the legal BAC in Texas) or higher, or if the driver refuses to take the test, their license can be suspended.
If this has happened to you, don’t panic: you have the right to challenge this suspension through an ALR hearing.
How to request an ALR hearing in Texas
Requesting an ALR hearing in Texas must be done quickly. Upon arrest, you will receive a Notice of Suspension, which serves as a temporary driving permit for 15 days. During this period, you must request an ALR hearing to contest the suspension.
Failure to request an ALR hearing within these 15 days results in an automatic suspension of your license. To request a hearing, you or your attorney must contact the Texas DPS and provide the necessary information, including your full name, date of birth, driver’s license number, and arrest details.
How long does it take to get an ALR hearing?
It can take two weeks to 120 days to get an ALR hearing date. DPS will send a response to the address on file containing the time, day, and location of your hearing. If you do not submit your request within 15 days, it will be denied. Requesting a hearing is your only opportunity to fight against the revocation of your license.
However, once the request is submitted, DPS will usually schedule a hearing within 40 days of the arrest. You will receive a notice with the hearing date, time, and location. This hearing is typically conducted by an administrative law judge who will review the evidence and determine whether the license suspension should be upheld or dismissed.
Continue reading: What happens if you don’t blow for a DWI
What happens at an ALR hearing in Texas?
During the ALR hearing, you can expect the following events to take place:
- The DPS will present evidence, including the arresting officer’s testimony, the results of any breath or blood tests, and the circumstances surrounding the arrest.
- The judge will consider whether there was probable cause for the traffic stop and whether you were properly informed of the consequences of refusing or failing a chemical test.
- You and your attorney can then challenge the evidence, cross-examine the officer, and present your own evidence and witnesses. The goal is to create doubt about the legality of the arrest or the accuracy of the test results.
- The judge will then decide whether the driver meets the Texas DPS license eligibility standards.
A favorable outcome means retaining your driving privileges, while an unfavorable decision results in the suspension taking effect.
Texas ALR hearing questions
Throughout the hearing, several key questions will be addressed to determine the validity of the license suspension, including the ones outlined below:
- Was there reasonable and articulable suspicion or probable cause for the traffic stop? The officer must have a legitimate reason, such as erratic driving or a traffic violation, to initiate the stop.
- Was the driver properly informed of their rights and the consequences of refusing or failing a chemical test? The officer must provide a statutory warning, known as the DIC-24, which outlines these consequences.
- Were the testing procedures followed correctly? The breathalyzer or blood test must be administered following strict protocols to ensure accuracy and reliability.
- Were there any procedural errors during the arrest? Any deviation from standard procedures can be grounds for contesting the suspension.
How to win an ALR hearing in Texas
Before you do anything else, hire a Houston criminal defense attorney who is prepared to argue your case. They will be able to handle every step of the ALR process for you while bringing the aggressive representation you need to save your license.
Here are 5 steps you’ll need to take to fight a lost driver’s license in Texas:
1. Request a hearing
You must request a hearing online or through mail within 15 days of your arrest; otherwise, your license will be suspended automatically after 40 days. Your request will be confirmed through mail to whatever address you have listed on file. You’ll want to ensure this address is updated, or you will risk missing your hearing.
2. Choose whether your hearing will be in person or via the phone
You have the option to have your ALR hearing in person or via telephonic hearing. If you choose to have your hearing through the phone, you’ll need to get creative with your strategy, as DPS will be able to review evidence without a live witness. If you have your DMV hearing in person, you are given the right to subpoena the arresting officer. More on that below.
3. Subpoena witnesses
One of the quickest ways to have your ALR hearing dismissed is to subpoena the arresting officer. If they do not show and the DPS attorney isn’t able to present “good cause” as to why they did not appear, their paperwork will be excluded from the evidence. In the case that you don’t subpoena the arresting officer, the DPS attorney can present the officer’s written statement without giving you a chance to question them.
4. Introduce reasonable doubt
To avoid Texas driver’s license suspension, your ALR hearing lawyer must dispute the evidence presented by the department of public safety attorney. This could include creating reasonable doubt that:
- There was reasonable suspicion to pull you over
- The officer had probable cause for your arrest
- You met the statutory definition of DWI
- Your legal rights were upheld during the arrest
To gain access to the evidence connected to your case, your lawyer will need to request them from DPS. These records could include the arrest report, videos, chemical test results, or your record.
5. Prepare your testimony
What you say during your sworn testimony at your DMV hearing will carry over and may be used against you in your DWI hearing. Hiring a good attorney is crucial in ensuring that you do not say anything self-incriminating.
Don’t lose your license: hire a Houston DWI attorney from Thiessen Law Firm
If you’re wondering how to beat a DWI in Texas, or more specifically, how to win an ALR hearing in Texas, you need to act fast, gather evidence, and prepare your testimony. Most importantly, you need representation. Your chances of winning an ALR hearing in Texas (and not losing your license) are miles better when you hire an award-winning Texas DWI attorney.
Mark Thiessen, founding attorney of Thiessen Law Firm, is Triple Board Certified in Criminal Law by the Texas Board of Legal Specialization, DWI Defense Law by the National College for DWI Defense, and DWI Law by the DWI Defense Lawyers Association. He has also been voted a Top 100 Trial Lawyer by The National Trial Lawyers Association and voted a Texas Super Lawyer by Thomson Reuters.
With over 100 Not Guilty verdicts, Mark has proven that he will fight for your rights like no other. Call Thiessen Law Firm at (713) 864-9000 or contact us online to schedule your free consultation today.
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