A Step-By-Step Guide To ALR Hearings
If you have been arrested for drunk driving, you may be facing not only criminal charges but also an Administrative License Revocation (ALR) hearing. This hearing determines whether your driver’s license will be suspended. Talk to a Houston DWI lawyer to fully understand your rights and the ALR process. Acting quickly is key to keeping your driving privileges.
Why ALR Hearings Happen
Texas has strict laws against impaired driving. The ALR process is designed to swiftly remove driving privileges from individuals suspected of driving under the influence. Yet it is important to note that because this process moves so fast, many drivers do not realize they can, and in many cases should, fight their suspension.
Comprehending how the ALR process moves forward is crucial if you want to contest the suspension of your license. While each case is unique, the process typically includes five basic steps.
- Arrest and notice of suspension. If you refuse a breathalyzer or fail a blood alcohol test, the arresting officer will confiscate your license and issue a temporary driving permit. You will also receive a notice that your license will be suspended after 40 days unless you request a hearing.
- Requesting a hearing. You have only 15 days from the date of your arrest to request an ALR hearing. If you do not request a hearing within this timeframe, your license will be automatically suspended.
- Pre-hearing discovery. Once your hearing is scheduled, you and your attorney can review the evidence against you, including police reports, breathalyzer results, and dashcam footage.
- ALR hearing. The hearing is conducted by an administrative law judge. The arresting officer will testify, and you (or your attorney) will have the opportunity to cross-examine witnesses and present evidence.
- Judge’s decision. The judge will either uphold the suspension or dismiss it.
Essentially, an ALR hearing is a civil proceeding conducted to determine whether your driver’s license should be suspended after a drunk driving arrest. Unlike a criminal case, this hearing deals only with your driving privileges and has different rules and procedures. It is up to the state of Texas to prove that the officer had reasonable suspicion for the traffic stop and probable cause for the arrest.
Take Action Now
You may have to pursue an ALR hearing if you refused to take a test after being charged for driving under the influence or you took a breath or blood test and your blood alcohol concentration was 0.08% or higher. Whether you’ve been arrested for a DWI in Houston or someone you care about is facing charges after being detained in a surrounding area, you need to recognize the importance of moving quickly.
There are strict deadlines when it comes to requesting an ALR hearing. Contact a skilled Houston DWI lawyer immediately to protect your driving privileges and fight for your rights.
Should you worry about your driving privileges? Hiring a lawyer can greatly improve your chances of keeping your license. Discuss your case with the legal team at Ayson Law Firm. Don’t delay, contact us.
