In Texas, after being arrested for DWI, you have 15 days to request an administrative license revocation (ALR) hearing with DPS. If you do not request the hearing within 15 days of arrest, you waive your right to the hearing and your license will be suspended 40 days from the date of arrest.
To ensure that you request the hearing in a timely manner, it is highly recommended that you hire aggressive, skillful DWI attorneys within 15 days of being arrested. Your DWI attorney can and should request this hearing for you.
Purpose of ALR Hearing
The purpose of requesting the ALR hearing is two-fold. First, it extends your ability to drive until the Administrative Law Judge (ALJ) makes a ruling and secondly it gives your defense attorney an opportunity to subpoena the officer who arrested you and ask him questions about your DWI or DUI case under oath.
The ALR hearing will in all likelihood take place before the criminal DWI case has been resolved. The ALR hearing is fairly informal and many police officers are willing to say things about your case that they would never say in front of a criminal jury. Our firm, based on officer testimony we elicited at the ALR hearing, has had DWI cases dismissed on the criminal side.
What Must the DPS Prove to Suspend Driving Privileges?
DPS is the prosecuting agency for the ALR hearing. DPS, in order to suspend your DL, must prove by a preponderance of the evidence (much lower standard than the DWI criminal case), that your DWI stop and arrest was valid. DPS will have an attorney at the hearing.
Depending on the facts of your case, you could face a DL suspension for 90 days up to 2 years, if you are not successful at your ALR hearing. It is important that you have a skillful attorney representing you.
Smith & Vinson Law Firm has experience handling ALR hearings all throughout Austin and the Central Texas area. If you have been arrested for DWI or DUI give us a call to set up a free consultation so we can discuss your case.