ALR Hearing and Driver License Suspension

DWI and Driver License Suspension

If you are pulled over and the officer thinks that you are impaired, he may ask you to perform a set of field sobriety tests. If you don’t perform well on these tests or you refuse to take them, you could be arrested for DWI (driving while intoxicated) or BWI (boating while intoxicated). In addition, since you’ve refused or failed a blood or breath test after your arrest, you may have your driver license suspended. Your driver license suspension can last from 90 days to two years and result in an automatic one-year disqualification if you have a commercial driver license.

If your driver license has been suspended because you’ve been arrested for DWI, call (713) 524-1010 24/7 to talk to an attorney and schedule your free consultation.

According to the Texas Department of Public Safety:

“Driving while license suspended (DWLS) is a misdemeanor and has a punishment range of 3 days to 180 days in jail and/or a fine from $100 to $500. A new offense is committed every time a person drives DWLS. Each of these punishments may be probated.”

The Occupational Driver license (ODL)

If you get a driver license suspension, you may apply for an occupational driver’s license (ODL) which limits where you can drive (only certain counties). To get an ODL, you may need to show “good cause” which means you need your license for going to and from work, taking children to school, running necessary errands like going to the grocery store, or the doctor for treatment. You’ll also be required by the court to install an alcohol interlock device on your vehicle.

ALR Hearing and Getting your driver license back

According to the Texas Department of public safety, the ALR hearing or

“Administrative License Revocation (ALR) Program is a civil administrative process unrelated to criminal court proceedings. The ALR Program applies to individuals arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) and refuse to take or fail a blood or breath test.”

Here is the ALR Process for DWI and BWI

    1. Your are asked to take a breath or blood test to measure your blood alcohol concentration (BAC) level.
    2. You fail (Registering a 0.08 BAC or greater is considered failing) or refuse to take the tests and your are served a notice that your driver license will be suspended. You then have 15 days from the date when you are served with the suspension notice to request a hearing.
        1. If your don’t request a hearing, the suspension goes into effect on the 40th day after the notice was served (usually 40 days after the arrest.).
        2. For various reasons, including delayed or missing paperwork, the 40 days can be retroactive or back-dated from the date of notice.
    3. The officer will take your driver license and issue a temporary driving permit.
    4. You will have to pay a $125 Reinstatement fee prior to you driver license renewal or issuance.

The ALR Hearings

In certain circumstances, you can request a hearing for an administrative license revocation (ALR) to contest your driver license suspension. If you submit the request within the required 15 days, DPS will send you a letter to the address on record. The letter will provide the date, time and location of the hearing, so make sure you allow up to 120 days for the hearing to be scheduled. After the required 15 days, you’ll be notified by mail that your request has been denied.

Hearings are conducted by the State Office of Administrative Hearings.  When the hearing is held, the Administrative Law Judge (ALJ) will listen to all parties’ evidence.  After the hearing, the ALJ will issue a final, appealable decision and order that will be sent to the parties.  If the ALJ finds that DPS has proven its case, the ALJ’s order will authorize a suspension of your driver license.  If the ALJ finds that DPS has not proven its case, your driver license will not be suspended.

NOTE: If you have already been through the ALR hearing process and  your driver license was suspended, you may be eligible to appeal:

If your driver license has been suspended because you refused or failed a police blood or breath test after you were arrested for DWI, call the aggressive criminal defense lawyers at Trichter & Murphy 24/7 at (713) 524-1010.

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Let us answer your Texas DWI Questions

Texas DWI Questions

  • What is DWI and its potential punishment?
  • What is DUI and its potential punishment?
  • What are the penalties for DWI in Texas?
  • What is DWI 2nd and the potential punishment?
  • What is an administrative license revocation (ALR), and why is it important to have an ALR hearing?
  • What is a felony DWI?
  • What is a DWI 3rd or more and the potential punishment?
  • How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?

Answer

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in...

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Before 1983, DUI meant driving under the influence of drugs or narcotics, but now it only pertains to minors. In Texas, it is never permissible for minors to have any alcohol in their body and drive. DUI punishment as a...

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Generally speaking the penalties for DWI in Texas DWI are: A First-Offense conviction will less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and...

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DWI 2nd is a serious charge. According to the State of Texas, a DWI 2nd charge is when you are arrested for DWI and have previously been convicted once of driving while intoxicated. There is no limit to how old...

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  The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. The ALR Program is "a civil administrative process unrelated to criminal court proceedings, in which...

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Felony DWI in Texas charges are very serious and can have a major impact on your life beyond just the punishment stated. Felonies can disqualify you from voting, obtaining certain jobs, renting certain apartments, and owning a firearm. There are four intoxication-related...

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According to the State of Texas, a DWI third offense is when an individual is arrested for DWI and has previously been convicted two times of DWI. If you are convicted of a third DWI, this third-degree felony can result in...

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A DWI conviction produces a permanent record. It is also important to note that a DWI probation, which is also a final conviction, will remain permanently on your criminal record. If, however, your DWI conviction case results in a dismissal,...

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Past Results from actual DWI clients

President of brokerage firm was arrested driving home after a meeting with colleagues. Registered a .19 blood test. - DWI Case Dismissed.

dismiss

Business owner was arrested for DWI while driving home after company birthday party. - DWI Case Dismissed.

dismiss

College student was arrested for DWI on beach over spring break. Failed blood test. - DWI Case Dismissed.

dismiss

Retired dentist was arrested for DWI after meeting up with friends at local bar. Failed breath test. - DWI Case Dismissed.

dismiss