License Revocation Hearings
When must you request a hearing?
After you are arrested for a DWI, the arresting officer is required to give you written notice and read to you that your driver’s license will be suspended. You have 15 days from the time notice is given to request your administrative license revocation hearing (ALR). Your request must be received by the Department of Public Safety in Austin, Texas in 15 days or you will automatically lose your license.
If you did not receive notice at the time of arrest, DPS will mail the notice to you. You will have 15 days from the time you receive notice in the mail to request a hearing. It is imperative to hire a qualified DWI attorney to handle your ALR to protect your driving privileges and properly defend your DWI case.
What if you do not request a hearing?
DPS will automatically suspend your driver’s license if you do not request your ALR hearing within 15 days. The suspension will usually take effect on the 40th day after you received notice.
What is the government’s burden of proof at the ALR hearing?
In a Breath/Blood Alcohol Test Refusal Case the State must prove by a preponderance of the evidence that:
- the law enforcement officer had reasonable suspicion to stop you or probable cause to arrest you;
- the law enforcement officer had probable cause that you operated a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated;
- you were placed under arrest and the law enforcement officer offered you an opportunity to provide a specimen of breath or blood under the provisions of Tex. Trans. Code Ann. Ch. 724; and
- you refused to provide a specimen on request of the officer.
In a Breath/Blood Alcohol Test Failure Case the State must prove by a preponderance of the evidence that:
- you had an alcohol concentration of a level specified in Section 49.01 Texas Penal Code, while operating a motor vehicle in a public place; and
- the law enforcement officer had reasonable suspicion to stop you or probable cause to arrest or take you into custody existed.
Can my Texas Driver’s License be Saved at the ALR Hearing?
An experienced DWI attorney can win your ALR (Administrative License Revocation) hearing. Montgomery County DWI Attorney Doug Atkinson has prevented the Government from suspending many of his client’s driver’s licenses by winning their ALR hearings. The government lawyers work for the Texas Department of Public Safety (DPS) and their sole duty is to conduct ALR hearings. In order to increase the probability the State will not take your license, it is imperative to hire a skilled DWI attorney.
Doug Atkinson has conducted hundreds of ALR hearings. Doug will carefully review the facts, offense report and the video tape evidence and use that evidence to fight for your license. Doug will show that the law enforcement officer did not have reasonable suspicion to stop the vehicle or probable cause that you were intoxicated.
Aside from protecting your license, the ALR hearing is also important because it is recorded. Doug’s cross examination of the officer can be very useful in your DWI trial. The officer’s testimony at the ALR can be used to impeach him during the criminal trial.
What if you lose the ALR hearing?
You can file for an Occupational Driver’s License. This license will give you the ability to drive during the suspension conditioned on certain requirements. You also have the right to appeal the decision of the ALR judge. You must file your appeal correctly and within the legal time frame to contest the ALR court’s decision becoming final. Doug has filed and prevailed on ALR appeals for past clients.
What are the suspension lengths for adult offenders?
If you refused to provide a breath or blood specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or under the influence of a controlled substance the suspensions are as follows:
|180 day suspension
|2 Year Suspension||If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.|
If you provided a specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense under section 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle, the suspensions are as follows:
|90 day suspension
|1 year suspension
||If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.|