Tag Archives: charge

The ALR hearing and what it means in a DWI arrest

Administrative License Revocation hearing or ALR 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: one, a criminal case against you (DWI), and the second (ALR) is a hearing against your license.

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 the ALR Hearing Does

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 the ALR Hearing Does Not Go in Your Favor?

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 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.

Boating While Intoxicated Season in Houston

Now that the weather is warming up, Texans will be hitting our waterways in Conroe, Livingston, Houston or Galveston in record numbers. That means boating and drinking. Let us say this first and foremost: If you’re the captain of a water vessel,  keep the safety of your passengers, yourself and other boaters in mind–don’t drink while boating.

Boating while intoxicated (BWI) is a serious charge in Texas. If fact, a BWI charge is every bit as serious as driving while intoxicated (DWI). You can be charged with BWI which is a Class B misdemeanor if the officer thinks you’re intoxicated while operating a watercraft. That charge comes with a minimum confinement of 72 hours.

Boating while intoxicated is a serious crime in Houston, Texas. Don’t drink and operate a boat on Texas waters.

The attorneys at Trichter and Murphy understand that a boating while intoxicated charge can hurt your reputation the same as a DWI or DUI arrest can. Be sure to consult a DWI Specialist criminal defense attorney for a BWI charge because the cards are stacked against you. The flawed breath and blood testing as well as the unfairness of the shoreside field sobriety tests give law enforcement an advantage, so you must know your rights as well as have an aggressive attorney on your side to represent you.