Why an ALR Hearing Would Be Necessary
In the state of Texas, an
Administrative Driver’s License Revocation (ALR) hearing is a civil process that occurs after an individual has been arrested for a
DWI. However, when an ALR hearing is required, it means that the court must
decide whether the guilty person should have their license revoked. Every
DWI arrest can involve two separate license suspensions: one for a criminal
conviction and one for refusing or failing to take a breath or blood test.
If an ALR has been scheduled, it usually means that one of the following
events occurred at the time of the arrest:
- The individual refused to take a breathalyzer test or provide a blood sample
at the request of the law enforcement officer.
- The individual provided a breath sample that registered their blood alcohol
concentration (BAC) at .08 or above.
- The individual provided a blood sample that registered their BAC at .08 or above.
Typically, during the time of the arrest, the law enforcement officer would
issue a statutory warning that gives the individual 15 days to request
an ALR hearing, which will be their chance to prevent a license suspension.
This 15-day requirement is strict, and if the individual waits 40 days,
the license will be suspended automatically without the chance to plead
their case at a hearing.
It is important to understand that before the hearing, the driver’s
license will be automatically confiscated and law enforcement will issue
a temporary driving permit. If the individual submits the request for
a hearing before the deadline, the Texas Department of Public Safety (DPS)
will send a letter to their address on record with the location, date,
and time of the hearing. This hearing can be up to 120 days after the
request is submitted.
Steps of an ALR Hearing
At an ALR hearing, an administrative law judge will hear the defendant’s
case as to why the license should not be suspended, as well as the prosecution’s
case for why it should.
In order to win the case and suspend the defendant’s license, the
prosecution would have to prove the following:
- The law enforcement officer established reasonable suspicion before making
a traffic stop.
- The law enforcement officer established probable cause that the defendant
was drunk driving.
- The law enforcement officer placed the defendant under lawful arrest and
asked the defendant to take a chemical test.
- The defendant refused to take a chemical test or the results of the test
showed a BAC of .08 or higher.
The ALR hearing is a powerful and important part of the outcome of this
case, and attending this hearing can work in your favor if you have an
experienced DWI attorney like
Derek A. Adame on your side. The ALR hearing can make the difference between a guilty
and not guilty verdict. The decision made at an ALR hearing is separate
from the decision made at a criminal proceeding. However, it can still
shed light on valuable information that can help win the case. That is
why, if you find yourself attending an ALR hearing from your DWI arrest,
you will want to hire an attorney who is well-versed in the legal process
and will present your case in the best light possible.
During the hearing, the defendant will subpoena the officers involved in
the arrest. This is different from the criminal proceeding because in
those cases, the state must present evidence and subpoena witnesses. If
the officers fail to appear at the hearing after the subpoena, the case
will be dismissed. The average citizen is not aware of how to subpoena
someone or the steps involved in this, so this is another area in which
having an attorney on your side will prove to be helpful. If the officer
appears at the hearing, your attorney can cross-examine them and inquire
about a variety of talking points that could make your side of the story
appear more positive.
One of the best ways to approach this is to attack the State’s case
against you. An attorney will help facilitate the conditions for each
aspect of the case to be fully examined. If the conditions are right,
we can help prove that the traffic stop was invalid, that there was lack
of probable cause, or that the results of the test were inaccurate. An
attorney like Derek A. Adame will be able to identify the point where
the State’s case might not hold up and build reasonable questions
surrounding it. If we are able to do this to the extent that the State
cannot prove its case, that is when you have a chance of winning the ALR
hearing and avoiding a license suspension.
We understand that this process can be quite stressful. You might have
never expected to be faced with the possibility of losing your driver’s
license. Our team has seen plenty of cases like this before, and we want
you to know that you are not alone in dealing with this process. From
helping with the administrative aspects of the case to presenting your
situation in a positive light, we will take some of the burden off of
your shoulders as we navigate your case together. Not only are we here
to help produce the best possible outcome for your case, but we are here
to provide the support you need.
If you are facing DWI charges and need an attorney to provide legal support,
call Derek A. Adame, Attorney at Law at {F:P:Sub:Phone} or
contact us online.