Notice of Suspension Temporary Driving Permit and the ALR hearing.
When you are arrested for DWI, the State of Texas is required to give you a Notice of Suspension Temporary Driving Permit (DIC-23) and a Statutory Warning (DIC-24). These documents serve three purposes:
- To remind you that you were arrested for DWI;
- To inform you that your driver’s license is subject to suspension for 90 days if you provided a breath or blood specimen with an alcohol content of 0.08 or higher or 180 days if you refused to provide a specimen; and
- To inform you that you are entitled to challenge that suspension at an Administrative License Revocation hearing (ALR).
It is important to hire an aggressive DWI attorney to represent you at your ALR hearing. The rules of evidence and procedure apply and a judge employed by the State Office of Administrative Hearings (SOAH) will hear the evidence usually against a seasoned DPS prosecutor.
Why is the ALR Hearing So Important?
Intelligent DWI attorneys emphasize the two main reason why the ALR hearing is so important:
- It will allow us to protect your driver license from being suspended.
- We can use this hearing as a discovery gold mine for your DWI case.
- The ALR hearing is often our first chance to challenge the evidence that will be used against you in both your ALR and your criminal proceedings. We can subpoena the police officer to the hearing, put him under oath and question him about the details and events surrounding your arrest.
The Officer is Trapped.
By questioning the officer under oath and on the record, we lock in his testimony. He can no longer change his story or correct the mistakes he made during your arrest. We can then use this record to make a persuasive argument as to why the Assistant District Attorney should dismiss your DWI case or as a great impeachment tool against the officer in a jury trial.
A skilled DWI attorney uses this opportunity to gain a more in-depth understanding of the type of DWI case you have. We can also use the opportunity to weaken the Assistant District Attorney’s case before they even know what it’s about.
You Have Only 15 Days to Schedule Your Hearing
When You Receive Your Notice of Suspension Temporary Driving Permit and Statutory Warning, DO NOT waste any time.
After you are bonded out, schedule a meeting with a highly skilled and knowledgeable DWI attorney as soon as you can to help save your driver’s license.
If you’ve received a Notice of Suspension Temporary Driving Permit and Statutory Warning, you must request the ALR hearing WITHIN 15 DAYS FROM THE DATE OF YOUR ARREST or the hearing is waived and your driver’s license will be automatically suspended by DPS on the 40th day after your arrest.
At Trichter & LeGrand, we know how important your driver’s license is to you. We will immediately request this hearing for you and try to make sure that this right isn’t waived.