When you are arrested for Driving While Intoxicated (DWI) in Texas, not only do you stand the chance of being convicted of the offense, but you also risk losing your license. The Administrative License Revocation (ALR) hearing is a proceeding that is critical to determining whether and when your license is suspended. Understanding the manner in which the ALR hearing goes and how it can be successfully challenged can literally be a make-or-break situation in your case.
What Is the ALR Hearing?
The ALR hearing is a distinct civil administrative hearing from the criminal case. The Texas Department of Public Safety (DPS) conducts it to determine whether your driver’s license will be suspended due to a DWI arrest. You are entitled to request an ALR hearing, but you must do so within 15 days of your arrest, or your suspension will go into effect automatically.
Why Is the ALR Hearing Important?
Many drivers focus solely on the criminal charges of a DWI and underestimate the importance of the ALR hearing. However, this hearing provides an opportunity to:
- Challenge the evidence justifying the traffic stop and arrest.
- Cross-examine the officer making the arrest and gain information that will be beneficial to your criminal defense.
- Avoid possibly losing your license, so you can continue to drive while your DWI case is pending.
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What Happens at an ALR Hearing?
During an ALR hearing, a DPS attorney presents evidence to justify the license suspension. This often includes:
- Testimony from the arresting officer about why the stop was made.
- The results (or refusal) of breath or blood tests.
- Other observations indicating intoxication.
Your Houston DWI lawyer has the right to challenge the evidence, question witnesses, and argue against the suspension. If the officer does not appear for the hearing, the case may be dismissed, preventing the suspension of your license.
Potential Outcomes of the ALR Hearing
The ALR hearing can result in one of two outcomes:
- License Suspension Upheld – If the DPS presents sufficient evidence, your license will be suspended. The suspension period varies based on whether you refused testing or failed a breath or blood test, impacting your ability to drive legally.
- License Suspension Overturned – If the evidence is insufficient or procedural errors are found, the administrative judge may rule in your favor, preventing suspension.
How a Galveston DWI Attorney Can Help
The ALR hearing is a crucial opportunity to fight for your driving privileges, and having an experienced Houston drunk driving attorney can greatly improve your chances of success. A strong defense strategy can involve questioning the officer’s testimony, highlighting procedural violations, gathering crucial evidence, and challenging the validity of the breath or blood test results.
If you have been arrested for DWI, time is critical. You must request an ALR hearing within 15 days to challenge your license suspension. Contact DWI Lawyer Tad A. Nelson today at 409-904-0075 for a consultation and legal guidance.
