If you are arrested for DWI (Driving While Intoxicated) in Texas, you are not just facing a criminal charge. The state can also suspend your driver's license through an ALR hearing. ALR stands for Administrative License Revocation. This is a civil hearing that takes place separate from your criminal DWI case. A Dallas suspended license attorney can help you through this part of the process and help you keep your license.
An ALR hearing starts when you refuse to take a breath or blood test or fail the test with a blood alcohol level (BAC) of 0.08% or more. The arresting officer will then take your license and give you a temporary permit. You now only have 15 days to file an application for an ALR hearing. If you do not file the request, your license will automatically be suspended after 40 days.
The ALR hearing is a chance to fight the suspension of your license. It's held before an administrative law judge and only takes on the case of your arrest. It's not that you're guilty of DWI. Instead, it's whether the officer legally stopped you, if they probably had cause to arrest you, and if you refused or failed a chemical test.
The ALR hearing is not conducted in a criminal courtroom. It usually happens in a tiny hearing room or over the Internet. The arresting officer can provide testimony, and your attorney can cross-examine them. This is a great opportunity to put evidence forward for your DWI case as well. If the officer does not show up, you might win by default. If a judge finds your stop or arrest to be wrong, you can avoid a suspension of your license.
You lose the ALR hearing when you lose. Your license will be suspended based on several things. If you fail a breath or blood test, your license will be suspended for 90 days. If you refuse to test, you will be suspended for 180 days. The duration can be increased if this is not your first offense. However, although your license is suspended, you can be qualified for an occupational license that enables you to drive to work, school, or places of necessity.
You don't necessarily have to be stuck without a license. You can apply for an occupational driver's license. This permits limited driving during suspension. It can assist you in maintaining employment, going to school, or providing for basic needs. To receive one, you'll need to petition the court and qualify, such as carrying insurance and having a chart of your driving times and routes.
It is intimidating to fight a license suspension alone. A Dallas ALR hearing attorney knows how to challenge the evidence, dispute the officer, and find flaws in the process. They can help you fill out the correct documents and determine if you need to apply for an occupational license. Having an attorney at the ALR hearing may enhance your chances of maintaining your license.
Time is of the essence after a DWI arrest. You have just 15 days to file for your ALR hearing. If you don't, the state will automatically suspend your license. That's why you need to move quickly, seek legal counsel, and preserve your right to drive.
An ALR hearing is the key part of a DWI case in Texas. It's your chance to fight a license suspension and gain valuable evidence in your favor. The hearing is not about your guilt or innocence but whether the stop and arrest were valid. Losing your license makes life more difficult, but there are options. With the guidance of an experienced attorney, you can take steps to defend yourself and stay behind the wheel.