Tag Archive for: Texas DUI Defense Attorneys

Understanding Texas Administrative Law Review Hearings

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Facing a criminal charge of DWI in Texas is a frightening experience, and there are some important actions to take after you have been arrested for DWI in Texas. Failing to take these actions can have a significant negative impact on your life. For example, a DWI defendant only has fifteen days from the date of the DWI arrest to maintain their right to fight for their driving privileges by requesting an Administrative Law Review hearing. By not fighting for your driving privileges, those driving privileges are automatically taken away.

In the State of Texas, an Administrative Law Review hearing, or ALR hearing, is a civil proceeding brought by the state DMV against a driver who either refused an alcohol chemical test after being arrested for suspicion of DWI or a driver failed an alcohol breath, urine, or blood test. Texas state law also includes a provision that states drivers in Texas who operate vehicles on public roads automatically give their implied consent to provide a breath or blood alcohol test once they have been arrested for DWI and after they have been advised of the consequences of refusing chemical testing.

The consequence of refusing an alcohol chemical test is the probability of receiving a driver’s license revocation. Occasionally, how law enforcement officers explain the license suspension process to defendants is hard to understand. This is true when trying to understand when and how a license suspension will take effect. For example, some officers explain to a DWI suspect that once they were arrested, their driver’s license was automatically suspended. Some state that their driver’s license was immediately suspended once they refused to submit to blood or breath chemical testing. Clearly, this is not accurate.

Although the arresting officer will physically take the driver’s license into their possession, the suspected drunk driver will be given a temporary driver’s permit that is valid for forty days. Once the forty days have passed, the suspected drunk driver will have their driver’s license automatically suspended unless they request an ALR hearing within fifteen days of the arrest. By requesting an ALR hearing, the defendant can contest the proposed suspension of their driver’s license. Also, the defendant’s DWI Attorney can review all of the evidence that will be used against the defendant in their criminal trial. ag and delays the imposition of any ALR sanctions until the hearing takes place.

At the ALR hearing, the Department of Public Safety will try to prove that your driver’s license should be suspended for producing a breath or blood test resulting in a reading of .08 or higher or for refusing to submit to chemical testing as required by law. The DPS must prove four different elements, including there was reasonable suspicion for the vehicle stop, the driver was driving or in control of a vehicle on a public road while intoxicated, the driver was ordered to voluntarily participate in testing and was given both oral and written notice of the consequences of chemical test refusal, and the driver refused to participate in testing after being ordered by the officer to do so. If the DPS does not prove their case, then a driver’s license suspension cannot be issued, and your driver’s license must be returned to you.

With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well-versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

Your Guide to Texas ALR Hearings

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As if mounting a defense to the criminal charges in your Texas DWI case was not enough, there is something that you must do very shortly after your DWI arrest which could have a major impact on your life if you do not attend to it promptly. You have just fifteen days from the date of your DWI arrest to preserve your chance at saving your driver’s license by requesting an ALR hearing.

An Administrative Law Review hearing, or ALR hearing as it is commonly called, is a civil proceeding which is brought against a driver who either refused a blood or breath test after they were arrested under suspicion of DWI, or a driver who has taken a blood or breath test and has failed it. Texas state law contains a provision which says that drivers who operate their vehicles on public roadways within the state give their implied consent to submit to breath or blood testing upon being arrested for DWI and being advised of the consequences of refusing to participate in testing.

The consequence, of course, is the possibility of suspension of your driver’s license. Sometimes, the way in which law enforcement officers describe the license suspension process can make it difficult to understand when and how a license suspension would take effect. For example, it is common for officers to tell a person whom they have arrested that their driver’s license will be automatically suspended, effective immediately upon their refusal to participate in blood or breath testing. This is not an accurate description of the process by which drivers’ licenses are suspended following a refusal to submit to testing.

While it is true that the arresting officer must take your license into his or her possession, you should also be given a temporary driver’s permit, which is only valid for forty days. After forty days has passed, your license will be suspended automatically unless you requested an ALR hearing within fifteen days of your arrest. Requesting a hearing enables you to contest the proposed suspension of your driver’s license and delays the imposition of any ALR sanctions until the hearing takes place. Instructions for requesting a hearing may be found at the bottom of your Notice of Suspension.

At your ALR hearing, the Department of Public Safety (DPS) will attempt to prove that your license should be suspended for one of two reasons. The first reason that your license could be suspended is if you took a breath or blood test which resulted in a reading of .08 or greater. Suspension for the reason of refusing to submit to testing requires that the DPS provide proof of four different elements, including reasonable suspicion for the vehicle stop or probable cause for the arrest, probable cause that the driver was in control of a vehicle on a public place while intoxicated, opportunity for the driver to voluntarily participate in testing and provision of both oral and written notice of the consequences of refusal, and refusal to participate in testing following a request by the officer to do so. If the DPS fails to prove their case by a preponderance of the evidence, then a license suspension may not be issued, and your license must be returned to you.

Requesting an ALR hearing is a step in the right direction, a chance at protecting your right to drive. With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

 

 

Your Guide to Texas ALR Hearings

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As if mounting a defense to the criminal charges in your Texas DWI case was not enough, there is something that you must do very shortly after your DWI arrest which could have a major impact on your life if you do not attend to it promptly. You have just fifteen days from the date of your DWI arrest to preserve your chance at saving your driver’s license by requesting an ALR hearing.

An Administrative Law Review hearing, or ALR hearing as it is commonly called, is a civil proceeding which is brought against a driver who either refused a blood or breath test after they were arrested under suspicion of DWI, or a driver who has taken a blood or breath test and has failed it. Texas state law contains a provision which says that drivers who operate their vehicles on public roadways within the state give their implied consent to submit to breath or blood testing upon being arrested for DWI and being advised of the consequences of refusing to participate in testing.

The consequence, of course, is the possibility of suspension of your driver’s license. Sometimes, the way in which law enforcement officers describe the license suspension process can make it difficult to understand when and how a license suspension would take effect. For example, it is common for officers to tell a person whom they have arrested that their driver’s license will be automatically suspended, effective immediately upon their refusal to participate in blood or breath testing. This is not an accurate description of the process by which drivers’ licenses are suspended following a refusal to submit to testing.

While it is true that the arresting officer must take your license into his or her possession, you should also be given a temporary driver’s permit, which is only valid for forty days. After forty days has passed, your license will be suspended automatically unless you requested an ALR hearing within fifteen days of your arrest. Requesting a hearing enables you to contest the proposed suspension of your driver’s license and delays the imposition of any ALR sanctions until the hearing takes place. Instructions for requesting a hearing may be found at the bottom of your Notice of Suspension.

At your ALR hearing, the Department of Public Safety (DPS) will attempt to prove that your license should be suspended for one of two reasons. The first reason that your license could be suspended is if you took a breath or blood test which resulted in a reading of .08 or greater. Suspension for the reason of refusing to submit to testing requires that the DPS provide proof of four different elements, including reasonable suspicion for the vehicle stop or probable cause for the arrest, probable cause that the driver was in control of a vehicle on a public place while intoxicated, opportunity for the driver to voluntarily participate in testing and provision of both oral and written notice of the consequences of refusal, and refusal to participate in testing following a request by the officer to do so. If the DPS fails to prove their case by a preponderance of the evidence, then a license suspension may not be issued, and your license must be returned to you.

Requesting an ALR hearing is a step in the right direction, a chance at protecting your right to drive. With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.