A large portion of our practice is DWI defense. When arrested for Driving While Intoxicated, there are two roads to navigate: the criminal case and the potential license suspension. The two are confusing because although they are unrelated, they occur due to the underlying DWI arrest. A license suspension does not affect the outcome of your criminal case but is an important portion of the process.
An Administrative License Revocation (ALR) hearing allows for the dispute of a license suspension. We must request a hearing to contest the suspension of your driver’s license. It is essential that you contact an attorney as soon as possible after your DWI arrest because often, there are only 15 days from the date of arrest for us to have an opportunity to file for the hearing. If you receive a notice of suspension in the mail from DPS, you must inform your attorney because there may still be time to request the hearing.
An ALR hearing determines whether the Texas Department of Public Safety (DPS) will suspend your driving privileges. DPS is the prosecuting agency for an ALR hearing held by the State Office of Administrative Hearings (SOAH). In order to suspend your driver’s license, DPS must prove by a preponderance of the evidence (a much lower standard than a criminal case) that your DWI stop and arrest was valid.
An ALR hearing is unrelated to your criminal case; however, it is significant to your case because it allows our office to subpoena the officer who arrested you and ask them questions about your DWI case under oath. Typically, the ALR hearing will occur before the criminal case is resolved. The ALR hearing is not part of the criminal case, and success does not determine the likelihood of success for your criminal case.
The probability of winning at the ALR hearing is lowered because the burden of proof is significantly lower in an ALR hearing than in a criminal case. DPS merely needs to show that the police officer had reasonable suspicion to stop you and probable cause to arrest you. Although the likelihood of success is low, we do occasionally win due to a lack of reasonable suspicion or because the police officer does not show up for the hearing.
Ultimately, regardless of the outcome of the hearing, an ALR hearing, there are still avenues we can assist you with in order to give you the ability to drive. It also provides an opportunity to see what the evidence will show in your criminal case. If you were recently 3
arrested for a DWI, contact an attorney as soon as possible to give yourself an opportunity for an ALR Hearing.
DISCLAIMER
All information provided on BillKennedyLaw.com (hereinafter “website”) is provided for informational purposes only and is not intended to be used for legal advice. Information on this website is provided for public informational and educational purposes only. No attorney-client relationship is created by the offering or reading of this article. This law firm does not represent you until expressly retained by written agreement. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.
