ALR Hearing and Occupational Driver’s Licenses
An ALR Hearing or the Administrative License Revocation Program is a civil administrative process through which the Texas Department of Public Safety may suspend your driver’s license after an arrest for Driving or Boating While Intoxicated (DWI, BWI).
If you are arrested for DWI/BWI, the officer will usually ask you to provide a sample of your breath or blood to determine your BAC.
If you refuse to voluntarily take the test the officer will confiscate your license on the spot, give you notice that your driver’s license is suspended, and issue you a temporary driving permit.
If you voluntarily provide a breath sample that shows a BAC greater than 0.08 (0.04 for Commercial Driver’s License holders), then the officer will confiscate your driver’s license, give you notice that your driver’s license has been suspended, and give you a temporary driving permit. The breath test usually occurs at the county jail shortly after your arrest and the officer should know the results immediately.
If you voluntarily provide a blood sample, you will retain your driver’s license pending the lab results (which can take several months depending on the State Crime Lab’s backlog). If the blood results come back with a BAC over the legal limit, then you will receive notice from the State that your driver’s license has been suspended and a temporary driving permit will be mailed to you.
The notice that you receive is called a DIC-25. This document will serve as your temporary driving permit but will also contain information about how to schedule a hearing to challenge your driver’s license suspension.
After you have received notice of your driver’s license suspension via the DIC-25 (whether at the scene of the arrest or several months later) you have 15 days to request an Administrative License Revocation (ALR) hearing which will determine whether you may keep your driver’s license. This hearing is a civil administrative process that is unrelated to your criminal case. The State bears the burden to prove that you were driving a motor vehicle and that you had any amount of alcohol in your system. This is a very low burden of proof and the State will usually succeed in proving these factors.
If you fail to request this hearing within 15 days, then your driver’s license will be suspended on the 40th day after you received notice of the suspension.
Driver’s License suspension periods depend on several factors but typically range from 90 days up to 2 years.
Even after your license has been suspended after a DWI/BWI arrest, you may petition the court to allow you to hold an Occupational Driver’s License (ODL). This document allows you to travel to and from work within a fixed schedule. To obtain an ODL, you must petition the appropriate court, obtain SR-22 Insurance, and provide proof that you are employed.
SR-22 is a special type of insurance that assures DPS that you have the minimum liability insurance required under Texas law. You will need to obtain SR-22 insurance even if you already have insurance on your vehicle.
As you can see, the consequences of a DWI/CWI arrest extend beyond just the possibility of a fine or jail time. Expenses can mount up quickly and you might lose an opportunity to avoid some unexpected consequences if you do not act quickly. If you have been arrested for DWI or BWI, then you need to hire Carter Criminal Defense to protect your interests.