WHAT IS AN ALR HEARING AND DOES IT AFFECT MY DWI CASE?
Administrative License Revocation (ALR) hearing is a separate case arising out of a DWI prosecution. Most people arrested for DWIs are surprised to learn they have not one, but two cases after their arrest: one, a criminal case against you (DWI), and the second (ALR) is a hearing against your license.
The ALR hearing gives you the opportunity to contest the seizure or suspension of your license based upon failing the breath or blood test or refusing to take them when asked. Keep in mind, you have only 15 days to request your hearing with the state after you have been arrested, otherwise your license will go into automatic suspension. The Collin County ALR Hearing attorneys at Andor, Goheen, O'Toole, Wadas & Gonzalez, P.L.L.C. can help fight your license suspension.
What happens at the ALR hearing?
By requesting an ALR hearing, you force the Department of Public Safety (DPS) to prove its case against you. The DPS must prove that the police officer who stopped and arrested you did so with either reasonable suspicion or probable cause. If they cannot prove either, you win by default and your license will not be suspended.
In order to suspend your license, DPS must prove the following depending upon the facts of your case:
If you refused to submit to breath/blood testing, DPS must prove the following at an ALR hearing:
- Reasonable suspicion or probable cause existed to stop or arrest you
- Probable cause existed that you were operating a motor vehicle in a public place while intoxicated
- You were placed under arrest and properly requested to submit to breath/blood testing
- You refused the test upon proper request of the officer
If you failed your breath and/or blood test, DPS must prove both of the points below:
- That you had an alcohol concentration of .08 or more while operating a motor vehicle in a public place and at the time of testing
- That there was probable cause to arrest or reasonable suspicion to stop you
If the police officer involved shows up your ALR Hearing it gives your Collin County DWI lawyer an opportunity to question the officers involved and lock them in to their testimony. The attorneys at The Collin County Law Group know if your case ends up going to trial, they can use a transcript of the officer's testimony against him during your criminal trial.
What happens if you lose your ALR hearing?
Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, your license will be suspended for 90 days if your chemical test result is over a 0.08% or 180 days if you refused a chemical test. If you have a prior alcohol or drug contact within ten years, your license will be suspended for one year if your chemical test is over 0.08% or 2 years if you refuse a chemical test. If your license is suspended based on the ALR hearing, the attorneys and staff at The Collin County Law Group can assist you in obtaining an Occupational Drivers License. To learn more about a Texas Occupational Drivers License or "Texas ODL," visit our ODL page.
Does the outcome of your ALR Hearing affect your DWI criminal case?
The outcome of your ALR does not affect your DWI criminal case. Your criminal DWI case will proceed, regardless of the outcome of your ALR hearing. The attorneys at Andor, Goheen, O'Toole, Wadas & Gonzalez, P.L.L.C. can guide you through the two-step process in a Collin County DWI.