Tag Archives: drivers

ALR Proceeding, Driver License Suspension, ALR Hearing fail

You know there are two possible license suspensions in every DWI arrest.

Generally speaking, those who are arrested for DWI are equally as concerned about going to jail as they are about losing their driving privileges. Indeed, each DWI arrest has the potential for two separate license suspensions, one for being convicted criminally, and one for refusing or failing a breath or blood test (Administrative License Revocation or ALR proceeding).

As for the criminal charge, if the driver is convicted of DWI, depending on the severity of the offense, the license suspension can range from 90 days to two years, while the ALR can range from 90 to 180 days.

The most common reason citizens do not realize that the ALR exists against them is that they only learn about it when they are arrested. We understand that this is a stressful, confusing and nervous time for the citizen. Fortunately, in most cases, the officer provides a written statutory warning during the time of arrest that notifies the driver of the administrative action and of the fact that there are only 15 days to request an ALR hearing to try to prevent a suspension.


The ALR Proceeding and what it can do.

Fortunately, from the defense perspective, this ALR can be a powerful defense tool in the right lawyer’s hands. It can often be used to change guilty evidence into not-guilty evidence! Here, the lesson to be remembered is that a hearing must be requested in a timely manner, or the weapon never materializes. Accordingly, if you are arrested for DWI, be sure to consult with a skilled DWI / ALR lawyer early (before 15 days have elapsed) so that this ALR advantage is not lost.

It’s often the case that the ALR advantage is the difference between a not-guilty verdict, which would prevent a license suspension, and a guilty verdict which can hold a severe penalty.



Why We Like Video in DWI Cases

Video in DWI cases has been one of the best things law enforcement has done to assist them in showing the truth. While the act of taking video is a right you cannot refuse, the fact is, video simply does not lie. It shows exactly how you behaved and how you sounded when the officer pulled you over. It also shows how their evaluation and sobriety tests were conducted.

Video is a great “leveler” for people who don’t tell the truth whether it’s the accused or the arresting officer. Because law enforcement is trained to evaluate drivers with a different set of eyes, they sometimes see only what they are looking for as opposed to what really happened. There are plenty of cases where an arresting officer describes a very different person in their arrest report than what a jury may see on video when a trained DWI Specialist points out the facts.

So, the next time you’re wrongly arrested for DWI, smile for the camera because the facts will be on your side.