When you get arrested for DWI in Texas, you are given two cases. One is the criminal case. The other is the Administrative License Revocation (ALR) case. The ALR hearing is not about criminal charges but about your driver's license. A Frisco ALR hearing attorney can assist you in saving your license.
Why Did an Alr Hearing Take Place?
When you refuse or fail a breath or blood test, the Texas Department of Public Safety (DPS) tries to suspend your license. You have 15 days from arrest to request an ALR hearing. If you don't, your license will be suspended automatically.
Who Holds the ALR Hearing?
A State Office of Administrative Hearings (SOAH) administrative judge holds the hearing. This is not a judge from a criminal court. They only determine if or when DPS can suspend your license.
What Happens at the Hearing?
The hearing is a miniature trial. A DPS lawyer presents evidence against you. That is, police reports and test results. You or your lawyer can contest this evidence. You can provide witnesses and question the arresting officer. The judge examines the facts and makes a decision. If DPS has made its case, your license is suspended. Otherwise, you retain your license.
What Does DPS Need to Prove?
For a botched blood or breath test, DPS has three things to prove. The police officer had good reason to detain you. The police officer had good reason to detain you due to the reasonable suspicion that they believed you to be intoxicated. You consented to a test, and you were 0.08 or above. When you refuse the test, DPS has to provide evidence that the stop and arrest were legal. They must also establish that the officer explained to you the repercussions of declining and that you still declined. If DPS cannot establish any of these facts, you win the case.
Why Is the ALR Hearing Significant?
If you win the hearing, your life becomes a bit simpler each day. You are less likely to encounter issues driving to work or school. Winning the hearing keeps your license valid. The hearing benefits your criminal case as well. Your attorney is able to cross-examine the arresting officer. This is evidence of how they stopped and arrested you. In case they did it improperly, your Frisco criminal lawyer is able to use this to fight your DWI charge.
What Happens if You Lose?
If you lose in front of the judge, your license is suspended. The duration varies depending on the case. DWI refusal, the first offense, is a suspension of 180 days. Test failure is 90 days' suspension. You might be able to get an occupational license. This permits driving to work, school, or required activities. Your attorney will assist you with the application.
An ALR hearing is your opportunity to battle your license. It's not mandatory. You need to ask for it within 15 days. A strong defense can pay off big time. Having a qualified attorney gives you a better shot. If you've been accused of DWI, don't overlook the ALR hearing. It can have lasting repercussions.
Sign in to leave a comment.