Administrative License Revocation Hearings
Under Texas law, the Administrative License Revocation (ALR) provides for an administrative procedure is completely separate from the criminal case. In other words, even if you are found not guilty of DUI at trial or even if the prosecutor drops all charges prior to trial, the administrative ALR program provides for completely separate civil consequences that are not dependent on the outcome of the criminal case. Contact Houston DWI attorney Matt Horak to discuss the particular facts of your Administrative License Revocation hearing.
After a DWI arrest, you only have 15 days to request a formal review hearing to protect your driving privileges from the automatic suspension that will occur if your attorney does not demand a hearing to contest the suspension. In every case, the criminal defense attorney should request a ALR hearing to contest the revocation because no downside exists to invoking this right.
Houston Driver License Suspension Attorney
Attorney Matt Horak is well-versed in representing those facing an Administrative License Revocation (ALR) Hearings in Texas. If you have been charged with DWI or another serious traffic crime and are facing an ALR hearing, contact us to discuss your case and help formulate the best plan of defense to protect your driving privileges.
Fighting the Administrative License Revocation
The Administrative License Revocation occurs after a DWI arrest when the individual arrested either refuses to submit to a chemical test, or takes the breath test but blows over the legal limit of 0.08 BAC. In order to start the process, the arresting officer then takes the driver's Texas driver's license and issues a temporary driving permit.
After the arrest, the driver has only 15 days to request a hearing. If the driver fails to request a hearing to contest the Administrative License Revocation then the suspension takes effect on the 40th day following the arrest. Before the driver can renew his driver's license or be issued a driver's license after the ALR process, the driver must pay a $125 reinstatement fee.
Even men or women arrested for Boating While Intoxicated (BWI) can be subjected to the ALR process if they refuse to take a chemical test or blow over the legal limit of 0.08 BAC.
Term of the Texas ALR Suspension after a DWI Arrest
Adult DWI Refusal - If a person who is 21 years of age refuses to submit to a chemical test after the DWI arrest, then the suspension will be for 180 days for a first offense. If the person has previously receive a driver license suspension for refusing to submit to a chemical test after a DWI related arrest that occurred in the last 10 years, then the suspension will be for 2 years.
Adult DWI Over 0.08 BAC - If a person who is 21 years of age or over submits to the chemical test after a DWI related arrest but the result show a reading of 0.08 or over then the suspension will be for 90 days for a first offense. If the person has previously receive a driver license suspension for refusing to submit to a chemical test after a DWI related arrest that occurred in the last 10 years, then the suspension will be for 1 year.
Under 21 Refusal - For any driver under the age of 21 arrested for a DWI related offense who refuses to submit to a chemical test then his driver's license will be suspended for the following time periods:
- 6 months for a first offense;
- If the under aged driver has previously receive a driver license suspension for refusing to submit to a chemical test after a DWI related arrest that occurred in the last 10 years, then the suspension will be for 2 years.
Under 21 DWI Over 0.08 BAC: For any driver under the age of 21 arrested for a DWI related offense who submits to a breath test with a reading of 0.08 BAC or over, then the suspension shall be for the following time periods:
- a period of 60 days for a first offense;
- 120 days with a previous conviction of Section 106.041, Texas' Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle; or
- for a period of 180 days if previously convicted on two prior occasions for any crime under Section 106.041, of Texas' Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle.
Issues at the Administrative License Revocation Hearing
In a breath test case, before the 180 day suspension can be upheld, the following issues can be contested at the ALR hearing:
- whether reasonable suspension existed for the officer to stop the driver;
- whether the officer had probable cause that the driver was intoxicated;
- whether the driver was offered the chance to provide a breath or blood sample; and
- whether the driver actually refused to provide the breath or blood sample.
In a breath test case with a reading over the legal limit of 0.08, before the 90 day suspension can be upheld, the following issues can be contested at the ALR hearing;
- whether the officer had reasonable suspension to stop the driver;
- whether the officer had probable cause to believe the driver was intoxicated;
- whether the driver was offered a chance to provide a breath or blood sample; or
- whether the driver had an alcohol concentration over the legal limit of 0.08 BAC.
Contact an experienced Houston DWI attorney to discuss how best to protect your driving privileges after a DWI arrest in Houston, Harris County or The Woodlands in Montgomery County, TX or the surrounding counties of Fort Bend, Brazoria, Galveston, Liberty or Waller.
ALR Resource Center
Texas; Administrative License Revocation - Texas Department of Public Safety provides information on the Administrative License Revocation (ALR) process which is an administrative proceeding that is civil in nature and unrelated to the criminal proceeding.
Texas State Office of Administrative Hearings - The Administrative License Revocation (“ALR”) program was created by the Texas Legislature in 1993 and became effective on January 1, 1995.
Houston Field Office for the Administrative License Revocation Hearings
The Preserve at North Loop
2020 N. Loop (610) West, Suite 111
Houston, Texas 77018
Phone: (713) 957-0010
Fax: (713) 812-1001
Matt Horak | Texas License Revocation Attorney
If you are facing an Administrative License Revocation Hearing in Texas, it's important to have an experienced DWI and criinal defense attorney in Houston on your side to protect your license and driving privileges. Our firm represents individuals who are facing serious traffic crime and DWI charges throughout the greater Houston area, including Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, and Waller counties. Protect your license by hiring an experienced attorney to protect your rights. Contact us today by calling locally at (713) 225-8000 or toll free at (800) 225-8009 or by emailing us through our online contact form. Speak to attorney Matt Horak right away by scheduling an immediate, confidential, and free consultation to discuss the specific facts of your case.