Administrative License Revocation (“ALR”) hearings brought by the Texas Department of Public Safety (“DPS”) are brought to suspend the driver’s license of an individual that has been accused of an intoxication offense involving the operation of a vehicle on a Texas public road or highway.
Following an arrest or charge for driving while intoxicated (“DWI”) or driving under the influence (“DUI”), the State of Texas will act quickly to suspend the Texas driver’s license of the vehicle operator under section 524 of the Texas Transportation Code.
If you fail to request an ALR hearing within 15 days of your arrest, you will lose your driver’s license for a statutorily determined number of days. Interestingly, you can have your driver’s license suspended in a Texas ALR hearing even if you have resolved your DWI criminal charges.
Also, even if you do not have a Texas license, a Texas license privilege suspension can be sent to your home state and suspend your license there.
The San Antonio DWI Lawyers at the Austin Hagee Law Firm can walk you through the process and prepare you for each phase of your case. We will make the ALR hearing request on your behalf and prepare a strategy to help you keep your license.
Our team is committed to fighting for hard-working people looking to get their lives back on track. Contact a criminal defense attorney at the Austin Hagee Law Firm today to schedule your free consultation.
Will My License Be Suspended If I Refuse A Blood Alcohol Test (“Bac”) Test In Texas?
A refusal to take a blood or breath alcohol test after a DWI charge will result in your license being taken by law enforcement and you being issued a notice of suspension. This suspension can be used to continue to drive legally for 40 days from the date of the notice.
On the 41st day, the driver’s license suspension will begin if no action was taken to request an ALR hearing. This is because Texas is a “No Refusal” state, meaning the right to refuse comes with statutorily defined repercussions.
Will My License Not Be Suspended If My Attorney Requests An ALR Hearing?
By having an attorney request an ALR hearing on their behalf, a person greatly increases their chances of not having their driver’s license suspended. However, an ALR hearing is a contested legal hearing where an attorney for DPS and your attorney will litigate the merits of your charge.
Each side will present a case to an administrative judge as to whether or not DPS has the right to suspend the driver’s license of the accused based upon the facts presented at the hearing.
How Long Will My License Be Suspended After A DWI Charge?
Texas law differentiates two different categories of suspension periods, suspensions based on failure or refusal of a BAC test. If you consented to a BAC test by breath or blood, but failed the test, due to a result above .08 BAC, this is called failure of a BAC test.
Texas will suspend your license for 90 days after your first offense based upon a BAC test failure that was given freely. Texas will suspend your license for 365 days, for your second DWI charge, based upon a voluntary BAC test failure (higher than .08 BAC).
For your first offense, if you do not consent or refuse a BAC test by blood or breath, your license will be suspended for 180 days. In Texas, if you refuse to provide a sample or breath or blood, and this is your second DWI charge, your license will be suspended for 2 years.
How Do You Request An ALR Hearing In Texas?
An ALR hearing can be requested by a driver from DPS through an online web application. The ALR hearing application requires specific information about you, the facts of the case, the identifying information of the officer, and your attorney’s information, if you have one.
Many attorneys charge a fee to handle an ALR hearing and since the right to have a driver’s license is a legal privilege you will not get a court appointed attorney to help you with an ALR hearing.
The attorneys at Austin Hagee Law Firm do not request an additional fee to handle ALR hearings for our clients, as we want them to have a comprehensive approach to their DWI case.
Please Let Us Know If We Can Assist You Or A Loved One
No one anticipates facing charges for driving while intoxicated, and the realization that your license is going to be suspended can be sobering in more than one way. Your inexperience in navigating the criminal justice system does not have to work to your disadvantage.
The San Antonio DWI Lawyers at the Austin Hagee Law Firm can walk you through the process and prepare you for each phase of your case. We will make the ALR hearing request on your behalf and prepare a strategy to help you keep your license.
If for some reason your license is suspended, we can help you get an occupational driver license (“ODL”) and drive on the road legally for work and other essential needs.
What Is An ODL In Texas?
An occupational driver license, which is also referred to as an essential need license, is a legally restricted license issued to someone who has had their driver license suspended, revoked, or denied for legal reasons.
An ODL does not allow you to operate a commercial motor vehicle. The operation of a vehicle with an ODL allows travel for work, performance of essential household duties, and school-related activities.
Our team is committed to fighting for hard-working people looking to get their lives back on track. Contact a criminal defense attorney at the Austin Hagee Law Firm today to schedule your free consultation.
CAN YOU WIN THE HEARING?
Winning an ALR hearing in Texas is challenging but possible. The officer must show reasonable suspicion for the stop and probable cause for the arrest. However, winning a hearing depends on various factors, including the strength of your defense and the evidence presented.
How to Win an ALR Hearing in Texas
The ALR hearing usually happens very quickly after an arrest for an intoxication related offense in Texas, likely within 60 days. Your chances of winning an ALR hearing in Texas increase drastically when an experienced criminal defense attorney represents your case.
We can subpoena the officer to testify at the hearing, and use our legal expertise to attack the validity of your case. At the ALR hearing, your defense attorney will present proof of legal defenses that apply to your DWI or DUI case facts, such as:
- You did not receive your implied consent rights before refusing a blood or breath test,
- Your blood or breath sample was not collected correctly,
- The officer lacked probable cause to make an arrest, or
- The officer did not have a proper reasonable suspicion to make a traffic stop and begin their investigation of your vehicle.
In many cases, the only evidence the prosecutor will introduce at the ALR hearing is testimony from the arresting officer. If the officer does not attend the hearing, as often happens in Texas DWI cases, you may be able to keep your driver’s license. Thus, it is always worth requesting an ALR hearing to try and fight for your driving privileges.
If you miss the deadline to request an ALR hearing, an attorney can help you apply for an occupational driver’s license that allows you to drive for the limited purposes referenced above. Our firm has extensive experience requesting and filing for ODLs for our clients.
An occupational driver’s license allows a Texas driver to travel to and from work and perform small commutes for necessary life-sustaining activities (e.g. going to the grocery store, visiting sick family, and going to a doctor’s appointment).
Going to a San Antonio Spurs game, going down to the San Antonio Riverwalk for a party, or driving to a show at Jazz TX would all likely NOT be approved uses of an ODL.
A DWI attorney at the Austin Hagee Law Firm can review the details of your case and advise you of your options, and help you get an ODL, if necessary. Touch base with our office today to schedule an appointment.
Wondering Whether to Make an ALR Hearing Request? Contact an ALR Hearing Lawyer Today to Discuss Your Case
Our team of defense attorneys at the Austin Hagee Law Firm has defended the driving privileges of our clients in countless ALR hearings successfully.
While we have had success in the past, it is important to keep in mind that an ALR hearing is a civil hearing and does not have the beyond a reasonable doubt legal burden placed upon DPS.
The lowered civil case preponderance burden makes the chances of success in defending an ALR hearing lower than may be possible in a criminal courtroom, so it is important to keep this in mind when analyzing the results of your ALR hearing.
At our firm, we take the time to get to know the specifics of each case, so we can craft a defense strategy that highlights the best arguments to help you keep your license and learn valuable information as to how the State of Texas plans to bring their case against you.
With prior experience as prosecutors, we know first-hand the tactics the state will use to try to secure a conviction or to get your license suspended. Contact the Austin Hagee Law Firm today to discuss your ALR hearing or getting an ODL with one of our experienced criminal defense attorneys.
Where You Can Find Our San Antonio, Texas Office
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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