Houston ALR Hearing Lawyer
If you are arrested for DWI (Driving While Intoxicated) or DUI (Driving While Under the Influence of Alcohol) in Texas, you face a potential suspension of your license. Upon your arrest, you will likely have your plastic license immediately revoked, and you will be given a temporary license, with a notice stating that your driving privileges will soon be automatically suspended. License suspension is not, however, a foregone conclusion. With the help of a seasoned and talented Texas DWI defense attorney, you can delay or prevent your license suspension by filing a timely request for an Administrative License Revocation (ALR) hearing.
At Ayson Law Firm, our Houston ALR hearing lawyer has years of experience helping clients fight against the worst consequences of DWI arrests, including by delaying, reducing, or even preventing revocation of their driver’s licenses.
What is an ALR Hearing?
In the State of Texas, your license is not automatically revoked upon a DWI arrest. Instead, you will be given a temporary driving permit and a notice that your license is soon to be suspended unless you act. If you do nothing, your license will be suspended via the Administrative License Revocation (ALR) process after 40 days. You have the right, however, to contact the Texas Department of Public Safety (DPS) within 15 days of your arrest to request an ALR hearing.
An ALR hearing is an administrative hearing separate from your criminal court proceeding that will determine whether you lose your license as a result of your DWI charges. By requesting a hearing, you are forcing the Texas DPS to prove its case against you. The DPS has the burden of showing that you were subject to a lawful arrest and that you qualify for license suspension. You have the right to appear at and defend yourself during an ALR hearing, and you have the power to have a seasoned ALR attorney in your corner, advocating on your behalf.
How to Win an ALR Hearing
At an ALR hearing, the government must prove its case in order to secure the suspension of your license. If you failed a breath or blood test, the government must prove:
- There was probable cause or reasonable suspicion for the officer to stop you; and
- You had a BAC of 0.08 or higher while operating a motor vehicle in a public place
If you refused to take a blood or breath test upon being pulled over, the DPS must demonstrate:
- There was probable cause or reasonable suspicion for the officer to stop or arrest you;
- There was probable cause to believe you operated a motor vehicle while intoxicated;
- You were placed under arrest and properly requested to submit to a blood or breath test;
- You refused to consent to the test.
Typically, DPS relies on an affidavit submitted by the arresting officer. You have the right to seek a subpoena and force the arresting officer to testify at your hearing. Forcing the officer to testify not only allows you and your attorney to poke holes in the officer’s testimony concerning your alleged intoxication; it also commits the officer to give testimony under oath that you can later use against them in your criminal DWI trial.
Moreover, if the officer fails to show up at your hearing after receiving a subpoena, you might win your case by default. If the officer does attend, you can still attack their probable cause, the accuracy of the breath or blood tests (if applicable), and otherwise undermine the government’s case against you. You may be able to protect your driver’s license from suspension or even undermine the prosecution’s entire criminal case against you by pointing out weaknesses in their case and introducing evidence of your innocence not present in the police report. At the very least, you will have additional time before the license suspension kicks in.
Appealing an ALR Decision
Even if the administrative judge rules against you, you have the right to appeal the decision. You must file your appeal within 30 days of the decision. If you fail to file your appeal within 30 days, you waive your right to contest the ALR’s decision further. Make sure you do not lose out on your rights due to legal technicalities; instead, retaining a trusted, detail-oriented, and effective Texas ALR and DWI defense attorney.
Protect Your Driver’s License in Houston DWI and DUI
If you have been arrested for DWI or DUI in Texas, you need to call a qualified Houston DWI lawyer as soon as possible to protect your rights. You have the right to request an ALR hearing and protect your driver’s license from suspension. The sooner you call, the stronger your defense will be. Even if you lose your license, we might be able to help you seek reinstatement. Speak with a dedicated Houston ALR hearing lawyer at Ayson Law Firm today for a free consultation about your Texas DWI charges.