If you are facing driving while intoxicated (DWI) charges in Texas, you’ll be interested in learning about the Administrative License Revocation (ALR) Program, which is a civil administrative process that is separate from your criminal case. The ALR Program was specifically created for those facing charges for DWI and boating while intoxicated (BWI). It’s also for drivers who fail or refuse to take ablood or breath test when suspected of DWI.
If a Texas driver fails a blood or breath test, or if they refuse to take one after they are arrested for DWI, their driver license will be suspended for three months to two years. If the person has a commercial driver license and they refuse or fail a chemical test (blood or breath), their commercial driver license will be automatically disqualified for one year.
ALR Process for DWI in Texas
If a driver is suspected of driving while intoxicated, he or she will be asked to perform a series of field sobriety tests roadside. If the driver fails these divided attention tests, he or she will be arrested for DWI.
- The driver will be asked to take a chemical test in the form of a blood or breath test to measure their blood alcohol content (BAC).
- The driver will be given a notice that says their driver license will be suspended if he or she fails or refuses the chemical test. (If the driver’s BAC is .08%, they fail the test.)
- The driver has 15 days from the date of the DWI arrest to request a hearing to contest the suspension of their driver license.
- The driver’s license will be taken away and he or she will be issued a temporary driving permit.
- Before the license can be reinstated, the individual must pay a $125 reinstatement fee.
Requesting an ALR Hearing
In many cases, DWI defendants can request a hearing for an administrative license revocation (ALR). During this hearing, the driver can contest their automatic license suspension. If the driver makes the request within the 15 days, he or she will receive a notice from the Texas Department of Public Safety (DPS) with the time and date of their ALR Hearing.
During the hearing, if the judge decides that the DPS has failed to prove its case against the driver, the license will NOT be suspended. To learn more about requesting a hearing, contact The Zendeh Del Law Firm, PLLC today!