Harris County ALR Hearing Lawyer
If you have failed a chemical test after being arrested for driving while intoxicated (DWI), or you refused to submit to one, your driver’s license will be suspended automatically. This suspension will last at least 90 days, but you could lose your license for as long as two years. There are steps you can take to avoid this suspension, but you must act quickly. A Harris County ALR hearing lawyer can help you through the process and give you the best chance of getting your license back.
Our Harris County ALR Hearing Lawyer Will Ensure You Meet the Deadline
If your driver’s license is automatically suspended based on a DWI charge, you have to act quickly. You only have 15 days from the day of your arrest to ask for an administrative license revocation (ALR) hearing. Once you have made the request, the license suspension is placed on hold for 41 days after the Department of Public Safety (DPS) receives the request. A lawyer will ensure you make the request within the required time so you can get your driver’s license back as quickly as possible.
Our Harris County ALR Hearing Lawyer Explains the Burden of Proof
The purpose of the ALR hearing is for a judge to review the evidence surrounding the arrest so they can make a decision about whether to revoke your driver’s license. The DPS will submit evidence to prove that your driver’s license should be suspended. Your lawyer will also provide evidence to show why your driver’s license should not be suspended.
The burden of proof is on the DPS during the ALR hearing, and the elements they must prove depend on the facts of the case. If you failed a breath, blood, or urine test, the state must prove that your blood alcohol content (BAC) was over the legal limit of 0.08 percent. The state must also prove the officer who arrested you had reasonable suspicion to make the traffic stop and arrest you for DWI.
If you refused to take a breath, blood, or urine test, the DPS has several elements to prove. These include:
- The officer who arrested you had reasonable suspicion that you were driving while intoxicated
- The officer who arrested you had probable cause to make the arrest
- You were legally arrested for driving while intoxicated
- A breath, blood, or urine test was requested
- You refused to take the requested chemical test
Presenting strong evidence at the ALR hearing is critical to your case. If you can show that the officer did not have reasonable suspicion or probable cause, the arrest will be considered illegal. When you can establish that the arrest was illegal, important evidence collected against you will be thrown out and your license will be restored.
Our ALR Hearing Lawyer in Harris County Can Provide the Strong Representation You Need
ALR hearings are not part of the criminal process, but you should still work with a Harris County ALR hearing lawyer for the best chance of success. At Ayson Law Firm, our skilled attorney will collect the necessary evidence and fully prepare you for the hearing so you can get your driver’s license back. Call us today at 832-209-2297 or contact us online to schedule a free consultation.