ADMINISTRATIVE LICENSE REVOCATION HEARINGS (ALR)

As soon are you or a loved one is arrested for suspicion of Driving While Intoxicated it is important to contact a professional to handle your case. While there are plenty of reasons you absolutely need to contact an attorney as soon as possible, chief among them is the ultra time sensitive matter of requesting an ALR Hearing.

What most drivers don’t realize is that in Texas we have an Implied Consent Statute. What an Implied Consent Statute basically states is that when we signed up for our driver’s licenses we agreed that upon being arrested for suspicion of Driving While Intoxicated we have implicitly agreed to provide a blood or breath specimen. Longer license suspensions are involved for those who refuse to provide this specimen.

You or your attorney must request an ALR hearing within fifteen (15) days from the date of arrest. The ALR hearing will differ depending on whether there was a refusal to provide a specimen or whether a specimen was provided and it indicated a blood alcohol concentration of .08 or more (.08 gm/210 L of breath or .08 gm/ 100 ml of blood)

If an Individual refused to provide a specimen the Department of Public Safety will have to prove:

  1. There was reasonable suspicion to stop the vehicle 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 case while intoxicated
  3. That the driver was placed under arrest and the requirements of 724 of the Transportation Code were followed. Specifically, that the driver was placed under arrest and was offered the opportunity to provide a breath or blood specimen after being notified both orally and in writing of the consequences of either refusing to provide a breath or blood sample; and
  4. That the driver refused to provide a specimen on the request of the officer.

It is important to note that if an Individual is deemed to have refused for purposes of these hearings if the individual attempted to provide a specimen and was unable to provide a sufficient sample as measured by the machine, requested an attorney, or simply took too long in deciding whether or not to provide a sample. If an individual provided a sample and an analysis of that specimen yielded a blood alcohol concentration of .08 or more, the Department of Public Safety will attempt to prove that:

  1. There was reasonable suspicion to stop the vehicle 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 case while intoxicated and;
  3. That while driving or in physical control of a motor vehicle in a public place, the driver had an alcohol concentration of .08 or more.

The period of possible license suspension varies by the circumstances of an individual’s arrest, their past encounters with the law, and their age. Because of the intricacies required to effectively deal with DPS and ALR hearings, it is vital that you hire a DWI Professional at (210) 222-2288 to assist you in dealing with these hearings