Administrative License Revocation Hearing

What is an ALR hearing?

An Administrative License Revocation (ALR) hearing is for those who have been arrested for failing or refusing to participate in a breath or blood test while under DWI investigation. You are not guaranteed to have an ALR hearing. You must schedule your ALR hearing within 15 days of your arrest.

Schedule a Hearing Within 15 Days

• If you don't schedule an ALR hearing within 15 days, you could automatically face:
• At least 90 days' driver's license suspension for DWI test failure
• At least 180 days' driver's license suspension for DWI test refusal

Losing your driver's license is more than a matter of inconvenience. It could cause consequences as serious as derailing your career. You can't take an ALR hearing for granted and it can be considered to be one of the first lines of defense you have during the process of a DWI trial. At our firm, you can find the skilled legal advocacy you need to fight for your rights in both civil and criminal proceedings.

How to Prepare for an ALR Hearing

At an ALR hearing, you may be able to save your driver's license by proving that suspension is not justified in your case. You could do this by establishing that the officer lacked a valid reason to stop you, or that law enforcement lacked a reason to suspect intoxication. If you have been accused of refusing a DWI test, you may be able to prove that you were never asked to take one, or that you in fact never refused. If you were told that you failed a test, you may be able to show that there was a serious error in the test. Whatever line of defense is available to you, it will take compelling evidence to convince the Administrative Law Judge (ALJ) of your argument.

• During an ALR hearing, it must be shown that:
• Police had probable cause to stop your vehicle;
• You were in control of your vehicle and intoxicated when you were stopped;
• Police asked you to submit to a breath or blood test following arrest; and
• You refused a BAC test or registered over the legal limit of .08%.

The ALJ is a seasoned lawyer who will decide whether to suspend your driver's license or not. Your opponent in this hearing will be the Texas Department of Public Safety. If you handle the ALR hearing on your own, you will be wading into highly technical issues while you face an experienced opponent. This is why it is vital to know that you have the right to legal counsel in the ALR hearing. When you assert this right, you can obtain an experienced defender on your side from the very beginning of your case.

You Have the Right to Legal Defense in an ALR Hearing

One of the important things that an ALR hearing can do for your defense is to provide a criminal defense attorney the opportunity to learn about the evidence the prosecution will have against you and develop a solid defense on your behalf. In addition, having a lawyer present can help ensure that your license is not prematurely taken by the Department of Motor Vehicles before you have even been convicted by the court.