If you are facing
driving while intoxicated (DWI) charges in Denton County, you’ll want to learn about the ALR
process for DWI, what it is and how it applies to you. The Administrative
License Revocation (ALR) Program has to do with your driver license, and
it is a civil administrative process that is separate from your criminal case.
It is specifically for people facing charges for DWI and Boating While
Intoxicated (BWI), but it also applies to people who fail or refuse to
take a chemical test (blood or breath).
If someone fails or refuses a blood or breath test after they are arrested
for DWI, they may have their Texas driver license suspended for
90 days to 2 years. If the individual has a commercial driver license (CDL), refusal or failure
will lead to an automatic one-year disqualification of their CDL.
What is the ALR Process for DWI?
When a police officer suspects that a driver may be under the influence
of alcohol or drugs, the driver will perform a series of field sobriety
tests. If the driver fails the sobriety tests, he or she will be arrested
on the spot for DWI.
- The driver will be asked to take a blood or breath test to measure their
blood alcohol concentration (BAC).
- The driver will be given notice that their driver license will be suspended
if they fail or refuse to take the chemical test. If the driver’s
BAC registers at .08% or more, he or she fails the test.
The driver has15 days from the date of the date on the suspension notice to request a hearing.
- If the DWI defendant fails to request a hearing, their license suspension
takes effect on the 40th day after they received the notice.
- During the DWI arrest, the law enforcement officer confiscates the driver’s
license and issues him or her a temporary driving permit.
- Before the driver can renew their license, they must pay a $125 reinstatement fee.
Some DWI defendants are eligible to request an
ALR Hearing to contest their driver license suspension. If the driver submits their
15 days of the DWI arrest, the Department of Public Safety (DPS) will send the
individual a letter with the date, time and location of the hearing. It
can take up to
120 daysto get a hearing.
If the DWI suspect prevails at the hearing, their driver license will not
be suspended. But if the defendant loses, their driver license will be
suspended. However, if a driver’s license is suspended or revoked
for DWI, they may be able to get an occupational license, which would
allow them to drive and from work.
Penalties for DWI in Texas
Need a Denton DWI lawyer to represent you at the ALR Hearing?
Contact us today.