If arrested for DWI, you are at risk of losing your license as a result. A person has 15 days to request an Administrative Licence Revocation Hearing (ALR) to contest the suspension. Under the Due Process clause of the United States Constitution, the government cannot deprive a liberty right from an individual IF you request a hearing to deny it.
The ALR process is the avenue by which the Department of Public Safety (DPS) acts to suspend the driver licenses of individuals arrested for DWI. Specifically, an individual's license may be suspended if he/she either refuses to submit to a chemical test, or provides a specimen with an alcohol concentration of 0.08 or greater. DPS is also authorized to suspend the driver licenses of minors who are arrested for the offense of Driving Under the Influence (DUI).
The Texas Legislature enhanced the program by amending the governing statutes to require that the arresting officer confiscate the offender's Texas driver license upon service of a Notice of Suspension . The officer then issues a 40-day temporary driving permit, and the suspension will take place after this period if an ALR is not requested. The amount of time a license is suspended varies depending upon the charge. However, in most cases an "Occupational Driving License" can be obtained to allow the individual to drive for "essential needs." Carl can always arrange to help individuals obtain an ODL should the need arise. To read more on License Suspensions for DWI charges, please click here.
Aside from all of this, conducting an ALR hearing also provides an attorney the first opportunity to cross-examine the arresting officer on his probable cause for the arrest and the reason for the traffic stop. It can be used as a very useful "discovery" technique in aid of the defense of the case. Whatever an officer says at an ALR hearing can be used in a subsequent hearing, such as a trial. If the officer testifies differently later, therefore, this inconsistent statement can be used against him, thereby casting doubt on his credibility.
The burden of proof at an ALR hearing is on the Department of Public Safety. Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver's license until the Department of Public Safety proves the following elements by a "preponderance of the evidence" at the hearing:
1. That there was reasonable suspicion to stop or probable cause to arrest the driver;
2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
3. That the driver was 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;
4. And the driver refused to give a specimen on request of the officer, or, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100mL of blood.
If you are in need of a driven, skilled, and knowledgeable License Suspension and Occupational Driving License Attorney, please call The Law Offices of Carl David Ceder, PLLC at 214.702.CARL (2275) now.