Driving While Intoxicated (DWI) is a serious criminal offense that carries significant consequences. One of the most immediate is the suspension of your Texas Driver License. Once you’re arrested on suspicion of drunk driving, your driver license will be suspended within the next 15 days.
The license suspension process will occur long before your court date via the Administrative License Revocation process, or ALR, for short.
If you’re in this kind of situation or need help for a loved one, contact Galveston DWI Lawyer Tad Nelson today at 409-765-5614. Schedule your free consultation today, come in, and tell us about your situation.
For informational purposes, we’ve outlined the ALR process below. If you have questions, contact our law offices today and speak with a criminal defense attorney.
Administrative License Revocation: An Overview
When you’re arrested for a DWI in Texas, the arresting officer will likely confiscate your driver’s license. Once you’re out of jail, you can request an administrative license revocation (ALR) hearing. The ALR hearing is a civil procedure separate from the criminal charges associated with your DWI. This hearing is about your driving privileges. Nothing more nothing less.
Requesting an ALR Hearing
You have 15 days from the date of your arrest to request an ALR hearing to contest the suspension of your driver’s license. If you fail to request a hearing within this timeframe, your license will be automatically suspended after 40 days.
If you’re caught driving without a valid Texas Driver License, you’ll be arrested (again), vehicle impounded (again), and jailed (again). This will only add more complications. Avoid this situation.
Grounds for Suspension
License suspension under the ALR process can occur under two primary circumstances:
- Failed Breath or Blood Test: If your blood alcohol concentration (BAC) is .08% or higher.
- Refusal to Take a Test: If you refuse to submit to a breath or blood test when requested by law enforcement.
- You Didn’t Request the Hearing: If you didn’t request an ALR Hearing, your license will be suspended.
All of the above scenarios trigger the ALR process. However, the length of suspension differs based on factors like prior offenses and whether you refused testing. Also worth noting, if you’re arrested on suspicion of DUI for driving while smoking marijuana or under the influence of another substance, the situation can apply.
Potential Suspension Periods
The duration of your license suspension depends on several factors. These factors include previous offenses and your compliance with sobriety testing.
- First Offense: A failed test can lead to a suspension of up to 90 days. Refusal to test can result in a 180-day suspension.
- Subsequent Offenses: For individuals with prior DWIs, the suspension period increases significantly. A failed test can result in a suspension of up to one year. Refusal to test can lead to a two-year suspension.
The ALR Hearing
The ALR hearing is a civil procedure heard by an administrative law judge. During this hearing, both you and the Texas Department of Public Safety (DPS) will have the opportunity to present evidence.
Key points of contention typically include;
- whether the officer had reasonable suspicion to stop you,
- probable cause to arrest you for DWI,
- and whether you refused or failed a chemical test.
Legal Representation: Your Best Defense
An experienced DWI attorney can make a big difference in these matters. Attorneys Tad Nelson and Amber Spurlock are seasoned professionals with a deep understanding of Texas DWI laws.
With Tad’s extensive experience as a former Assistant District Attorney and Board Certification in Criminal Law by the Texas Board of Legal Specialization, and Amber’s expertise as an ACS/CHAL Lawyer-Scientist, you can be assured of knowledgeable and vigorous representation.
The Law of the Land & Your Rights
When dealing with a DWI charge, you still have rights. The Fourth Amendment of the Constitution of the United States protects you from unreasonable searches and seizures. Many times, this is a major defense component.
If any part of the traffic stop or arrest violated your Constitutional Rights, evidence obtained during the incident may be inadmissible in court. The Texas Constitution provides similar protections from the government.
Facing Criminal Charges for DWI or DUI?
Protect Your License! Call on Galveston DWI Lawyer Tad Nelson Today!
Fighting a DWI or license revocation often involves multiple strategies.
Our defense strategies may include challenging the legality of the traffic stop, the accuracy of the breathalyzer or blood test, and the conduct of the arresting officer. Expert witnesses, such as toxicologists or forensic specialists, may be called upon to testify on your behalf.
If you’re ready to talk with a lawyer about legal representation, we invite you to contact our law offices today. Schedule your 100% free & confidential case review. Call us at 409-765-5614 24/7 to get started.
