If I am charged with DWI will I automatically lose my Driver's License?
Texas Administrative License Revocation Process: The ALR Hearing
If you are charged with DWI in Texas, you will AUTOMATICALLY lose your driver’s license UNLESS your request an ALR Hearing within 15 days of your arrest.
An ALR Hearing is an administrative hearing in which your continued ability to drive will be decided. The ALR hearing is a civil proceeding and is separate and distinct from the criminal DWI proceeding. The State has to prove the following by a preponderance of the evidence before your license may be suspended:
1. There was reasonable suspicion or probable cause for the officer to stop for arrest the driver?
2. There probable cause for the officer to believe the driver was intoxicated?
3. The driver was offered the opportunity to provide a specimen of breath or blood?
4. The driver either refused to submit a specimen or the specimen was over the legal limit of 0.08.
If the State proves the above facts, then you will face the following license suspension:
a) Not less than 180 days if your refused to take a breath or blood test;
b) Not less than 90 days if you provided a breath or blood sample.
License Suspension Facts
Texas courts have held that as a condition of receiving a Texas State driver’s license Texas residents give their implied consent that they will submit to a breath test or blood test is you are suspected of driving drunk. Under the implied consent law your license can be suspended if you refuse to take a chemical test even if you are later found not guilty of DWI. Under certain circumstances, you cold also loose your drier’s license if you submit to a breath test or blood test if the result of the chemical test shows your BAC is over the Texas legal limit of 0.08.
How Can Your Prevent Your License from Being Suspended
When you are charged with drunk driving, your license is not immediately suspended. Although the arresting office typically will retain possession of your driver’s license card, you may continue driving without restrictions while your ALR hearing and criminal case are pending. However, you must request an ALR hearing prior to 15 days from the date of your arrest. If you fail to request an ALR hearing in time, your driver’s license will be suspended automatically on the 40th day after your arrest.
The following defense tactics are commonly used to defend people’s driving privileges at an ALR hearing:
• Requesting Discovery which allows your attorney to look for mistakes in the following paperwork/reports:
o Police officer’s sworn report/probable cause affidavit;
o Criminal complaint;
o DWI statutory warning;
o Notice of suspension;
o Breath or Blood test results;
o Technical Supervisor’s Affidavit;
o Etc.
• Subpoenaing of Witnesses:
o An attorney may subpoena the arresting officer, breath test operator and technical supervisor
o If any subpoenaed witness fails to appear you may be entitled to a dismissal of your ALR suspension case.
• Request a Live Hearing:
o A live hearing allows your attorney to cross examine the State’s witnesses and make an argument on your behalf.
How Long will the ALR Process Take?
Typically, our clients’ ALR hearing will occur prior to the criminal trial. Normally, you will have an ALR hearing anywhere from 2 to 4 months from the date of your arrest.
