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 request within 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.
Related: Penalties for DWI in Texas
Need a Denton DWI lawyer to represent you at the ALR Hearing? Contact us today.