Are you facing driving while intoxicated (DWI) charges in Texas? If so, soon you’ll hear about the Administrative License Revocation (ALR) program, if you haven’t already. Under Texas’ ALR program, the Texas Department of Safety (DPS) is required to disqualify or suspend a person’s driver license if they are arrested for DWI or boating while intoxicated (BWI) when they:
- Refuse to submit to a blood or breath test,
- Fail a blood or breath test,
- Take a blood or breath test but their blood alcohol concentration (BAC) is 0.08% or more, or
- Provide a blood or breath test and their BAC was 0.04% or more while they were driving a commercial motor vehicle.
It’s important to note that the ALR suspension is separate from the criminal proceeding for DWI or BWI, which takes place with the criminal court.
Requesting an ALR Hearing
If you are facing DWI or BWI charges in Texas, you may qualify to request an ALR hearing where you can contest the disqualification or suspension of your driver's license. However, you have only 15 days from the date you are served notice to request a hearing.
How do ALR hearings work? For starters, they’re held by the State Office of Administrative Hearings (SOAH). An administrative law judge (ALJ) would consider the evidence from both sides and then will make a decision about the suspension of your driver's license. If the ALJ decides that the Department has failed to prove its case against you, then you will not face a driver's license suspension.
On the other hand, if the ALJ determines that the Department has proven its case against you, then your driver's license will be suspended. If you do not like the ALJ’s decision, you can file an appeal.
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If you are facing DWI charges in Denton, Texas, we urge you to contact our firm to meet with Derek A. Adame, Attorney at Law, who can represent you at the ALR hearing and fight your DWI charges. Call (940) 591-0005 to get started!