Texas Administrative License Revocation Hearing Representation
After a DWI arrest, your driver’s license may be suspended. An Administrative License Revocation hearing is a legal proceeding that gives you the chance to get your license back. According to the Texas Department of Public Safety, ALR hearings are unrelated to criminal court proceedings. After an arrest, you have 15 days to request a hearing. If you don’t request a hearing, your license will be automatically suspended. The ALR process is also applicable in boating while intoxicated cases.
How Long Will My License Be Suspended?
- 180 days if arrested and fail to contest your license suspension
- 2 years if you refused to submit to chemical testing or have previous DWI, intoxication assault or intoxication manslaughter charges on your record
What Does An ALR Hearing Entail?
If you fail to schedule and/or attend a hearing, your license will be suspended. After failing or refusing a field sobriety test or breath test, it is urgent that your ALR hearing is scheduled immediately. An ALR hearing is not a DWI hearing – your DWI charges will need to be dealt with separately. At the ALR hearing, a judge will make the decision as to whether your license will be suspended.
Various factors will be taken into account when deciding license suspension:
- Was there reasonable cause for the law enforcement officer to stop the driver?
- Was there probable cause that the driver was intoxicated?
- Did the driver voluntarily provide a breath test sample?
- Did the driver refuse to take a breath or blood test?
- Was the driver’s BAC above the legal limit?
- Is this the driver’s first offense?
- Is the driver under the age of 21?
- Does the driver operate a commercial vehicle?
Upon hearing the circumstantial evidence of the arrest, the judge will decide whether or not to suspend your license. If the suspension is carried out, the length of the revocation will depend on the evidence of the case. Usually, a driver’s license will be suspended for 90 days if the driver had a BAC of 0.08% or higher, and 180 days if the driver refused to submit a sample for a breath or blood test. It is crucial that you engage legal representation for this hearing to maximize the possibility of keeping your driver’s license. Our firm can fight aggressively for you!
Do I Really Need To Hire A DWI Attorney?
You are allowed to represent yourself during the ALR hearing process. However, a skilled attorney can help you understand your rights and argue your case more efficiently. The ALR process may seem confusing. Don’t be intimidated by the legal proceedings ahead of you.
Contact a Plano DWI lawyer from our firm and schedule a case consultation. The sooner we hear from you, the faster we can begin creating an effective case strategy to get you the favorable case outcome you want.