Irving ALR Hearing Attorney

What Happens at an ALR Hearing in Texas?

In Texas, the Administrative License Revocation (ALR) program is a civil legal process that allows law enforcement to immediately confiscate and suspend the driver's license of an individual who has been charged with driving while intoxicated (DWI) and has either failed or refused a blood alcohol test. The program is designed to discourage drunk driving and provide a swift and efficient means of removing dangerous drivers from the road. If you have been arrested for DWI, and your driver's license has been taken, requesting an ALR hearing to regain your driving privileges may be in your best interest.

At the Law Office of Michelle Poblenz, our traffic violations attorney has extensive experience representing clients in ALR hearings. We understand how daunting it can be to go up against the Texas Department of Public Safety. We take pride in providing our clients with the most comprehensive defense possible against whatever odds they may be up against.

Understanding the ALR Program

Under the ALR program, when a driver is arrested for DWI, they will be asked to submit to a test to determine their blood alcohol concentration (BAC). This test may measure the alcohol in their breath or blood. If a driver submits to a BAC test, and the results of the test show that the driver had a BAC that is over the legal limit of .08 percent, they will be mailed a Notice of Suspension. The driver will then have 20 days to request an ALR hearing to contest the suspension of their driver's license. If they do not request a hearing, their license will be immediately suspended on the 40th day following the date of the Notice of Suspension.

If the driver refuses to take a BAC test, the arresting officer will confiscate their driver's license and issue a suspension or disqualification notice. The officer will then issue a provisional driving permit. The driver then has 15 days from the date of the arrest to request an ALR hearing. If the driver fails to request a hearing within this time frame, their license will be immediately suspended on the 40th day following their arrest.

What Happens at the ALR Hearing?

At the ALR hearing, the driver can challenge the suspension of their license by presenting evidence and calling witnesses. The judge at the hearing, who is known as an Administrative Law Judge or ALJ, will decide whether the suspension should be upheld or overturned. If the suspension is upheld, the driver's license will be suspended for a period ranging from 90 days to two years, depending on whether they failed or refused a BAC test and whether they have any previous license suspensions. If the suspension is overturned, the driver's license will be reinstated while the driver awaits a criminal trial for the DWI charges.

If the Charges Are Criminal, Why Is the Hearing a Civil Matter?

The ALR is a civil proceeding that is handled by the Texas Department of Public Safety rather than the criminal justice system. License suspensions are based on the results of BAC tests or the refusal to submit to testing rather than specific criminal charges that may be related to DWI. Therefore, the outcome of the ALR hearing does not affect the driver's criminal case, and even if a driver's license is reinstated, they may still face fines, jail time, and other penalties if they are convicted of DWI in court.

Contact an Irving License Suspension Defense Attorney

If you have been arrested for DWI, it is important to understand your rights and take the necessary steps to protect your driving privileges. By requesting an ALR hearing as soon as possible after your arrest and working with an experienced attorney to demonstrate that your license should be reinstated, you can work to minimize the disruption that a DWI arrest may have on your life.

At the Law Office of Michelle Poblenz, we understand what is at stake in an ALR hearing. That is why we provide effective legal representation for clients in these situations, helping them clients take the necessary steps to license suspensions and other consequences that could adversely affect their personal and professional lives. Contact us at 469-845-3031 for a private consultation.