Driver's License Suspension
If you have been arrested for DWI, you now face two distinct legal problems. The first, criminal prosecution for DWI, is obvious. What is not so apparent is the second issue: possible
suspension of your privilege to drive in Texas. This is an immediate concern for most people and must be dealt with properly, to best protect your privilege to drive in Texas.
What is Administrative License Revocation?
An Administrative License Revocation action, or “ALR” for short, is a civil administrative proceeding against your driving privileges by the Texas Department of Public Safety. It is triggered
if you either 1.) refused to submit to breath or blood testing when requested by an officer, or 2.) failed a breath or blood test.
Was I Informed About This When I Was Arrested?
When you were arrested for DWI, the officer should have asked you whether you wanted to submit to providing a specimen of your breath or blood. You should have also been advised of your right
to take or refuse the offered test and had the consequences of each choice explained to you.
You should also have been served with a Notice of Suspension of your driving privileges at the time of your arrest. This fairly complicated form outlines your rights regarding the suspension
process and details how you may request a hearing to challenge the proposed suspension of your license. If you were not given this form at the time of your arrest, you must act quickly to
determine if the form was ever actually issued, or if there was a mistake made in your case.
There is only one way to avoid the automatic suspension of your driving privileges....Request an ALR Hearing to challenge the proposed suspension.
Requesting the Hearing
IMPORTANT!!! An ALR suspension is AUTOMATIC, UNLESS you request a hearing to challenge the suspension WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency.
If you fail to request an ALR hearing, your Texas license will automatically be suspended on or about the 41st day after notice was received. The length of your suspension will vary,
depending on several factors. (If you are caught driving while your license is suspended, you may be arrested and prosecuted for Driving While License Suspended, a Class B Misdemeanor,
punishable in most cases by up to 6 months in jail and a maximum $2,000 fine.)
However, if a hearing is properly requested, NO ACTION will be taken regarding suspension of your license until after the hearing has taken place. While you may request the hearing yourself,
I strongly recommend having an attorney experienced with the ALR process request your hearing on your behalf as there are several important options to consider. (Call my office immediately at
(210) 225-6354 for assistance if you are not sure of your hearing request deadline date and think your license might be at risk.)
If you come in and hire our firm before your deadline date, we will do all the work for you towards requesting your hearing, thereby establishing your best chance at protecting your valuable
driving privileges. However, if you are unable to do so, request it yourself following the instructions printed on the paperwork given to you by the police so that you don't waive your rights in
this matter.
Why is the ALR Hearing So Important?
Our firm handles hundreds of these civil proceedings each year for our own DWI clients. Additionally, we are regularly retained by other attorneys throughout Texas to assist in the
representation of their DWI clients, due to our extensive experience with this complicated civil process.
This hearing is crucial for several reasons, including the following:
1.) Your license will be suspended unless you or a legal representative attends the hearing and defends you against DPS. If the attorney for DPS cannot prove their case against you, there
will be NO license suspension.
2.) The ALR hearing gives you a mini-preview of the evidence in your DWI criminal case by allowing us to gain valuable discovery (like our own copy of all police reports) and ask the police
officers involved in your case detailed questions about your arrest, in most cases prior to appearing in court on your DWI criminal charge.
3.) The information gathered at this hearing, along with our review of any DWI videotape in your case, will go a long way towards helping us decide the most effective way to defend your DWI
case.
What if I Fail to Request the ALR Hearing or I Miss the Deadline?
If you fail to request this hearing, your license will be suspended automatically upon the 41st day from the date you received the "Notice of Suspension". However, if your license
is suspended due to a failure to request a hearing or a missed deadline, you may be eligible for a special permit to drive known as an “Occupational License” or an “Essential Need License.”
Contact our office for more information on this option.
Because driving is an important privilege and, for most people, a necessity of life, it is generally recommended that you always request an ALR hearing and retain the services of an
experienced lawyer to protect your license, as well as your good name.
Serving clients in San Antonio, Bexar County; Bandera, Bandera County; New Braunfels, Comal County; San Marcos, Hays County; Seguin, Guadalupe County; Floresville, Wilson County; Jourdanton, Atascosa County; George West, Live Oak County; Gonzales County; Boerne, Kendall County; Kerrville, Kerr County; Fredericksburg, Gillespie County; Lockhart, Caldwell County; Austin, Travis County; Georgetown, Williamson County and other jurisdictions throughout Texas.
Disclaimer
: This site is meant to provide useful information to those in need of legal representation and to educate the public on some of the criminal law issues facing Texas citizens. The information of this site is not legal advice. For legal advice, please contact our office.
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