An ALR hearing (Administrative License Revocation hearing) is a civil proceeding. When you are charged with a Texas DWI you will face two separate proceedings. The first is the civil ALR process. The second is the actual criminal DWI court proceeding. The rules for requesting an ALR hearing are specific and often confusing to citizens and attorneys who do not practice DWI law on a daily basis. The professional DWI attorneys at The Law Office of Troy P. Burleson, P.C., can assist you in filing a request for an ALR hearing in time to prevent an automatic driver's license suspension. As a courtesy to citizens who schedule no-cost initial interviews with our office, our knowledgeable staff and DWI attorneys will provide this service, of requesting an ALR hearing, at no cost and no obligation even if you do not ultimately retain our DWI attorneys to represent you in your Collin, Dallas or Denton county DWI offense.
License Suspension Facts and the Implied Consent Law
Most people do not know that as a condition of receiving a Texas State driver’s license Texas residents give implied consent that if they are suspected of drunk driving they will give a allow an officer to administer a blood or breath test. This is what is known at the Texas Implied Consent Rule. However, Texas Law also states that a citizen MAY WITHDRAW their implied consent and refuse to submit to a blood or breath test. If the citizen refuses to submit to a chemical test (blood or breath) the his or her license could be suspended for a period of time. However, the suspension is NOT AUTOMATIC as long as your REQUEST AN ALR HEARING with 15 DAYS of your ARREST.
At the ALR hearing your license cannot be suspended UNLESS the State proves the following by a preponderance of the evidence:
- There was a valid reasonable suspicion for the officer to stop your vehicle; AND
- There was adequate probable cause to believe your were driving while intoxicated; AND
- You were given and opportunity to submit to a breath or blood test and you refused.
How Can We Help You Maintain Your Driving Privileges?
At The Law Office of Troy P. Burleson, P.C., or professional DWI lawyers have handled ALR hearings for hundreds of clients. We aggressively defend our clients' driving rights by attacking the State's case to look for procedural flaws, paperwork errors, and vigorously cross-examine the arresting officer, breath test operator, and technical supervisor all in an attempt to case doubt on the state's case. On a typical ALR hearing our DWI attorneys may do the following:
- Look for errors in the ALR paperwork that may warrant a dismissal of your case;
- Subpoena all witnesses. A failure to appear at an ALR hearing by ANY witness may warrant a dismissal or your case;
- Aggressively cross examine arresting officers. This not only helps in the ALR process but is valuable information for our clients' criminal trials.
- Other ALR defense techniques in an attempt to preserve your driving rights.
Occupational Driver’s License
If we are not successful in saving your driver's license in the ALR hearing, our DWI attorneys will then work to obtain a temporary driver's license your you. This license will allow your to drive up to 12 hours a day for work, educational, and other household purposes. For more information about an Occupational Driver's License click the link below.
Occupational Driver's License Information
Driver's License Suspension Periods
Click the link below to view a driver's license suspension chart to see how long your Texas driver's license may be suspended for a Dallas County DWI charge.
Texas Driver's License DWI Suspension Periods
For a FREE evaluation concerning a license suspension or an occupational driver’s license contact The Law Office of Troy P. Burleson, P.C.