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The ALR Hearing After A DWI Arrest

What Is A DWI 2nd? DWI Lawyers Trichter & LeGrand Law Firm
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THE ALR HEARING
AFTER A DWI ARREST

What Is A DWI 2nd? DWI Lawyers Trichter & LeGrand Law Firm

Administrative License Revocation hearing or ALR Hearing is a separate case that arises out of a DWI prosecution. 

Most people arrested for DWIs are surprised to learn that they have not one, but two cases after their arrest: 

First one is a civil case from the Texas Department of transportation to try and take your drivers license through a ALR Hearing.

The second case is a criminal case for the crime of DWI.

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The Purpose of the ALR Hearing

The hearing is based upon failing the breath or blood test or refusing to take them when asked, but it gives you the opportunity to contest the seizure or suspension of your license. 

If you take advantage of the ALR hearing, quite often you won’t lose your license. 

Keep in mind, you have only 15 days to request your hearing with the state after you have been arrested, otherwise your license will go into automatic suspension.

What is a ALR Hearing?

By requesting an ALR hearing, you force the Department of Public Safety (DPS) to prove its case against you. 

The DPS must prove that the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause. 

If they cannot prove either, you win by default.

What Happens If you lose the ALR Hearing?

You can receive a 180 day suspension if you decline to take a test upon proper request, or, if you fail a breath or blood test, you can receive a 90-day suspension of your driving privileges. 

A Houston attorney who is a DWI Specialist by the National College for DUI Defense can help you navigate through this complex, often times confusing process.

Read “Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?” DWI Question that talks about the importance of hiring the right attorney for this process.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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NOTICE OF SUSPENSION TEMPORARY DRIVING PERMIT & THE ALR HEARING

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NOTICE OF SUSPENSION TEMPORARY DRIVING PERMIT

DWI Lawyer Gary Trichter At Trichter & LeGrand

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.

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Get A Fast Response

Use the form to request your free consultation to discuss your case with one of our attorneys. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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