Can a Texas ALR Attorney Change the Outcome of Your Hearing?

As any experienced Texas ALR attorney can tell you, in addition to protecting your driving privileges, there is an equally compelling reason to request an Administrative License Revocation (ALR) hearing—to better defend yourself against the criminal DWI charges pending. Further, a skilled Texas ALR attorney may turn the tide in your favor, allowing you to avoid a suspension of your license. By attending your ALR hearing—and thus challenging your license revocation, your Texas ALR attorney has the opportunity to use the information presented in the ALR hearing to better prepare your criminal DWI case.

The Process of the ALR Hearing and How a Texas ALR Attorney Can Help

When you were arrested for DWI, the Texas Department of Safety will suspend your driver’s license within 15 days unless you—probably through your Texas ALR attorney—request an ALR hearing. It is important to remember that your license suspension is automatic, unless this request is made, in writing, within this narrow window of time. Should you neglect to request an ALR hearing within this 15 day deadline, the suspension of your driver’s license will begin automatically on the 41^st day after DPS received notice. Once your Texas ALR attorney requests a hearing, however, there will be no action taken on your license until the hearing has taken place. Further, should the decision not be in your favor, your Texas ALR attorney can request an appeal, and your suspension will be delayed for an additional 90 days. As you can see, there is every reason for you to request and ALR hearing and virtually no reason to not request the hearing.

The burden of proof at the ALR hearing is on the state of Texas. As your Texas ALR attorney can explain to you, DPS must show: there was reasonable suspicion to stop you, you were in physical control of the car, you were placed under arrest and were given the opportunity to give blood or take a breathalyzer test and, if you consented to the tests, that the results showed a BAC above 0.08%.  Your Texas ALR attorney will, obviously, argue to the contrary on all these issues and may raise other issues regarding the field sobriety test, whether you were properly Mirandized and whether the officer was trained in the administration of the breathalyzer test. The ALR hearing can be extremely intimidating, therefore having an experienced Texas ALR attorney by your side can lessen the anxiety.