People arrested for DWI don’t often know that they have to face two separate hearings. There is the DWI hearing and an Administrative License Revocation Hearing (ALR). An ALR hearing is a short criminal trial where your lawyer can get a lot of information about your criminal case.
The main purpose of the hearing is for the person arrested for DWI to prevent their driver’s license from being suspended. People who were found with a blood alcohol content over the 0.08 limit or refused a breath or blood test have to go to an ALR hearing so that they don’t lose their license.
Why An ALR Hearing Is Important?
Drivers in Texas can refuse a request for a breath or blood test from an officer that pulls them over. But this refusal often leads to a suspension of that person’s driver’s license. You have to wait for 189 days to 2 years for the suspension to expire. An ALR hearing is an opportunity to challenge this suspension.
Your DWI lawyer will challenge the evidence the other side produces in your ALR hearing. Your lawyer will question whether the police officer followed the right protocols or methods to request breath and blood samples from you.
What Happens At An ALR Hearing?
Both sides in an ALR hearing will engage in the examination of witnesses and evidence in your case. The lawyer of the person whose license has been suspended will ensure that the judge considers all aspects of the case. For instance, the lawyer will subpoena the police officers who stopped you so that the lawyer can question them at the hearing.
Some questions the lawyer of the accused may ask include:
- Did the office have sufficient probable cause to pull over the driver?
- Did the officer who administered the tests follow the right protocols to ensure the tests were accurate?
- Did the officer provide the appropriate warnings before requesting breath or blood samples?
There are other questions that a lawyer will at an ALR hearing. The Administrative Law Judge must consider all the evidence presented before issuing a ruling. The best scenario for the driver is for the judge to issue an order reinstating the driver’s license.
Requesting For An ALR Hearing
A police officer will issue a temporary license to a driver who refuses to give a breath or blood sample. The license is only effective for 15 days, which means the driver only has 15 days to request an ALR hearing. You can do this by filling out an online form available at the Texas Department of Public Safety (DPS) website. Some of the information you need to add in the form include:
- Full name
- Date of birth
- Phone number
- Mailing address
- Country of arrest
- Date when you were arrested
- Officer’s name
- Whether you took the BAC test or not
An experienced DWI attorney can request an ALR hearing quickly and accurately on your behalf. Your lawyer will know all the documents you need for making a proper request and will ensure you request a hearing before the deadline passes.