Administrative License Revocation-ALR

In Texas, if you were arrested for DWI and either refused the breath or blood test, or you provided a specimen of your breath or blood and had an alcohol concentration of .08 or above, the Texas Department of Public Safety will attempt to suspend your Driver’s License.

You only have 15 days from the date of arrest to request a hearing on your driver’s license. Most people who have been charged with DWI are facing two problems: a criminal charge for DWI, and a civil process known as an Administrative License Revocation or ALR.

When you were arrested for DWI, your driver’s license was probably confiscated by the police, and you received a temporary permit, which expires 41 days after it was issued. If you request a hearing, any suspension will be delayed until after the hearing takes place.

However, your ALR suspension is automatic unless you or your attorney requests a hearing within 15 days from the date of arrest. If you don’t request a hearing, then your license will be automatically suspended on the 41st day after you received notice of suspension.

THE ALR HEARING

If a hearing is requested in a timely manner, then the Department of Public Safety has the burden of proving:

  1. That there was reasonable suspicion to stop or probable cause to arrest the driver,
  2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated,
  3. That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, and
  4. That the driver refused to give a specimen on request of the officer, or that the driver failed a breath or blood test by having an alcohol concentration of .08 or higher.

Length of Suspension

If you haven’t had any alcohol or drug related suspension in the last 10 years, the suspension periods are as follows:

Age of Driver

Refusal

Failure

21 or Older

180 days

90 days

If you have had an alcohol or drug related suspension in the last 10 years, the suspension periods are as follows:

Age of Driver

Refusal

Failure

21 or Older

2 years

1 year

OCCUPATIONAL DRIVER’S LICENSE

If your license is suspended, you may petition the Court for an Occupational Driver’s License. If this license is granted, you will be allowed to drive 12 hours a day in order to perform your occupation or trade or to conduct essential household duties and to attend religious services. The Occupational Driver’s License must be kept with you at all times while you are driving your vehicle. You may drive in the county where the license is issued and generally the surrounding counties.

Neil Pask handles these ALR hearings personally. He uses them to get discovery of what happened before and after the arrest and he uses them to pin the officer down regarding his testimony. The testimony developed at an ALR hearing is then used to win your DWI jury trial.

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