One of the most pressing and confusing concerns following a DWI arrest is requesting an Administrative License Revocation (ALR) hearing. If you have failed or refused to take a blood or breath test and have been arrested for DWI, your license is in jeopardy. Below you’ll find answers for some of the most common questions and urgent matters.
How Long Can My License Be Suspended?
Your license can be suspended for anywhere from 90 days to 2 years. The length of the suspension is subject to factors such as the age of the driver or any past DWI offenses. The only recourse you have is to request an ALR hearing – and to request it quickly!
How Long Do I Have to Request a Hearing?
You have only 15 days from the date of your arrest to request a hearing. If you do not request a hearing within this short window of time, your license will automatically be suspended 40 days after your arrest.
What Will the Hearing Consist of?
The hearing, ultimately, seeks to determine whether the license suspension should be upheld or overturned. The questions that need to be answered will include:
- Was there reasonable suspicion for the peace officer to stop the driver?
- Was there probable cause for the officer to believe the driver was intoxicated?
- Was the driver offered the opportunity to provide a specimen of breath or blood?
- Did the driver refuse to provide a specimen OR did the driver have an alcohol concentration above the legal limit?
How Will the ALR Hearing Affect My Criminal Court Case?
The ALR hearing is completely independent from your DWI case and is considered a civil administrative process. Your DWI criminal court case is unrelated. However, if you are convicted of a DWI, it is within the judge’s power to suspend your license.
Do I Need an Attorney at My ALR Hearing?
While you are given the option to defend yourself or to employ counsel, it will be to your benefit to seek the help of an experienced Houston DWI attorney. The Department of Public Safety will have an attorney at the hearing, and your lack of experience will put you at a major disadvantage. The skilled attorneys at Tyler Floor & Associates, Inc. have handled 1,000s of DWI cases, and know how to handle an ALR hearing effectively. Let us bring our years of experience to your defense. Call today for a free initial consultation.
