Administrative License

Administrative License

Administative License Revocation Hearings (ALR)
WARNING! YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING TO SAVE YOUR LICENSE. IF YOU FAIL TO REQUEST A HEARING YOUR LICENSE WILL BE SUSPENDED AUTOMATICALLY.
What is an ALR? What most people don’t realize when they get a DWI in Texas is they actually have two cases against them. A criminal case and a civil case. This civil case deals exclusively with your drivers license and has no influence on your criminal case. The ALR is conducted in a separate court house under the rules of civil procedure, which means that the level of proof to suspend your license is much lower than that of criminal case. At this hearing the Department of Public Safety presents evidence of why your license should be suspended.
I thought I was innocent until proven guilty, How can the State do this to me?
Currently the State of Texas has a civil statue called the implied consent law. When you obtained a drivers license, you unknowingly entered into an agreement to be allowed to drive, since Texas considers driving a privilage and not a right, to consented to providing a specimen of breath or blood if request by a police officer for suspicion of DWI . If the you refuses to provide a breath or blood specimen or provide a specimen with a score of .08 Blood Alcohol Content (BAC) or higher, then the your drivers license is subject to automatic suspension. You or your lawyer may request a hearing to save your license. This request must be made within 15 calendar days of notice of such suspension. When making a request for hearing be sure that you or your lawyer request a live hearing. If a hearing is not timely requested, the suspension will automatically begin on the forty-first (41st) day after notice of suspension was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest. (Call our office immediately for assistance if you think your license is at risk- toll feel at ( 1-888-283-9394 ).
What does the Department of Public Safety have to prove to suspend my license?
In all ALR cases the burden of proof is on the Department of Public Safety. The Department of Public Safety must prove the following elements by a preponderance of the evidence at the hearing:
That there was reasonable suspicion to stop or probable cause to arrest the you.
That probable cause existed that you were driving or in actual physical control of a motor vehicle in a public place while intoxicated.
That you were placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND
That you refused to give a specimen on request of the officer, OR, that you failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
Don’t let the Department’s set the tone of the case. By having trained legal council you may win you Driver license back.
What is the suspension range I may be facing if my license is suspended?
The periods of suspension are as follows:
Age of Driver
Breath or Blood Refusal
Breath or Blood Failure
21 or older
180 days
90 days
Prior alcohol or drug Contact w/in 10 years
2 years
1 year
NOTE: If the person who refuses is a resident without a license, an order will be issued denying the issuance of a license to the person for 180 days.NOTE: the term "prior alcohol or drug contact" as used to lengthen the period of suspensions stated above has been defined as "a driver's license suspension, disqualification, or prohibition order under the laws of this state or any other state resulting from a conviction for driving while intoxicated", "a refusal to provide a requested specimen", or "providing a specimen showing an alcohol concentration of a level specified in §49.01 Texas Penal Code" (an alcohol concentration of 0.08 or greater).
What happens after my ALR case?
If your license is not suspended at the hearing, DPS is obligated to return your drivers license. If a suspension is ordered either automatically or after the hearing, you must pay a reinstatement fee of $125.00 to Department of Public Safety before the license will be reinstated. There is a specific Department of Public Safety form that must be submitted to reinstate your driving privileges. Our office can provide you with this form. This form together with the reinstatement fee must be paid by money order, cashier's check or personal check and sent by certified mail, return receipt requested for proper documentation of payment and receipt to:
Driver Improvement and ControlTexas Department of Public SafetyP.O. Box 15999Austin, Texas 78761-5999
If your license has been suspended, you cannot drive without subject to arrest. To drive, you must obtain an Occupational Drivers License. (ODL) (Click here for more information on ODL.)
What will the McConathy law office do to save my license?
It is surprising how many lawyers so casually handled an ALR case. They fail to request a live hearing. They fail to subpoena the police officer. Imagine a lawyer trying to defend your driver license over the phone, or without even having the cop at the hearing. The is even more frustrating when a ALR case can be dismissed if the subpoena police officer fails to show. They are unfamiliar with a proper DWI defense, and do not realize the "discovery" potential in cross examining the police officer. In addition, many lawyer do not handle the ALR themselves, but give over the responsibility to associate lawyers. This is not the case with the McConathy law firm. Our top priority is protecting your driving privileges, so that we can defend you against the DWI charge a full force. In this regard, we challenge your ALR case in two ways. First, with the assistance of a knowledgeable and skilled defense attorney, many of our clients are able to avoid a suspension of their driving privileges. Second, by challenging your license suspension, we are creating an opportunity to learn all the facts and important details to better defend your DWI case. The ALR is invaluable to your defense, and if not properly pursued could hinder your defense.