What to Expect at an ALR Hearing After a DWI Arrest in Texas
If you’ve been arrested for Driving While Intoxicated (DWI) in Texas, one of the first legal hurdles you’ll encounter is the Administrative License Revocation (ALR) hearing. This is a critical step following a DWI arrest, as it determines whether or not your driver’s license will be suspended. Many people are unfamiliar with the ALR hearing process, so understanding what to expect and how to prepare can make a big difference in your case.
Here’s everything you need to know about an ALR hearing after a DWI arrest in Texas.
1. What is an ALR Hearing?
An Administrative License Revocation (ALR) hearing is a civil process, separate from the criminal DWI proceedings. The primary purpose of the ALR hearing is to determine whether your driver’s license will be suspended following a DWI arrest. This hearing is conducted by the Texas Department of Public Safety (DPS), and the outcome is based on whether you refused or failed a breath or blood test after being arrested for DWI.
2. Requesting an ALR Hearing
After a DWI arrest, you have a limited window of time to request an ALR hearing—15 days from the date of your arrest. If you do not request the hearing within this time frame, your license will be automatically suspended. It’s essential to act quickly to preserve your right to a hearing and potentially prevent the suspension of your license.
3. What Happens at the ALR Hearing?
The ALR hearing is an opportunity to challenge the suspension of your driver’s license. During the hearing, the state must prove two things:
- The officer had reasonable suspicion or probable cause to stop you and arrest you for DWI.
- You either refused to take or failed a breath or blood test after being arrested.
Your attorney can cross-examine the arresting officer, present evidence, and argue on your behalf. This is a critical point in your case, as it can provide valuable insight into the state’s evidence against you for your DWI charge, and in some cases, the hearing results can even impact the outcome of the criminal case.
4. Potential Outcomes of the ALR Hearing
There are two possible outcomes of an ALR hearing:
- License Suspension Upheld: If the judge rules against you, your driver’s license will be suspended. The length of the suspension depends on whether you failed the chemical test or refused it. For a failed test, the suspension is typically 90 days, while refusing the test could result in a suspension of 180 days or more.
- License Suspension Denied: If the judge rules in your favor, your license will not be suspended, and you will be able to continue driving as usual. Even if you win the ALR hearing, it does not necessarily mean you will avoid DWI penalties, but it is a significant win for keeping your driving privileges intact.
5. How an Attorney Can Help with Your ALR Hearing
While the ALR hearing is separate from the criminal DWI case, having an experienced attorney represent you at the hearing can make a significant difference. Your attorney can challenge the arresting officer’s testimony, highlight any procedural errors made during your arrest, and present evidence that can help you avoid a suspension. Moreover, the information gathered during the ALR hearing can be useful in preparing your defense for the criminal DWI charges.
At Cheryl A. Wulf, Attorney at Law, Cheryl brings extensive experience in DWI defense and can help you navigate the complexities of the ALR hearing process. With her thorough understanding of DWI law, Cheryl can advocate for you at the ALR hearing, increasing your chances of avoiding a license suspension and building a strong defense for your DWI case.
6. What Happens if Your License is Suspended?
If your license is suspended after the ALR hearing, you may still be eligible for an occupational driver’s license. This is a restricted license that allows you to drive to and from essential places such as work, school, and medical appointments. Your attorney can help you file the necessary paperwork to obtain an occupational license, so you can continue to drive legally during the suspension period.
Conclusion
An ALR hearing is a crucial part of the DWI process in Texas, and the outcome can significantly impact your ability to drive after an arrest. To protect your rights and maximize your chances of avoiding a suspension, it’s important to act quickly and seek the help of an experienced attorney.
If you’ve been arrested for DWI and need assistance with your ALR hearing, contact Cheryl A. Wulf, Attorney at Law, at (903) 525-9869. With years of experience in DWI defense, Cheryl is ready to advocate on your behalf and protect your driving privileges.
