Administrative License Revocation Hearing
An Administrative License Revocation Hearing is your opportunity to challenge a Driver’s License Suspension following an arrest for Driving or Boating While Intoxicated (DWI, BWI).
What Happens to my Driver’s License after a DWI Arrest?
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.
You have the right to refuse to give this sample. If you refuse, however, the officer will confiscate your license on the spot. He will give you notice that your driver’s license is suspended. He will then issue you a temporary driving permit.
You also have the right to voluntarily provide a sample. It is the officer’s option to request either a breath or blood test. If he requests a breath sample, you will blow into an instrument called an Intoxilyzer at the County Jail shortly after your arrest. The Intoxylyzer will print the results of this test almost immediately. If the results show a BAC greater than 0.08, then the officer will confiscate your driver’s license. He will give you notice that the State has suspended your driver’s license. He will also give you a temporary driving permit.
If the officer requests a blood sample, a medical professional will take this sample at the jail or a nearby facility. The police will then send your blood sample to the State Crime Lab for testing. You will retain your driver’s license pending the lab results. Testing can take several months depending on the State Crime Lab’s backlog. If the blood results show that you had BAC over 0.08, then the State will notify you via mail that DPS has suspended your driver’s license. The State will mail you a temporary driving permit at this same time.
The notice that you receive in each of the scenarios listed above is a form called the 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.
You Only Have 15 Days to Request an ALR Hearing
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 only 15 days to request an ALR hearing. If you fail to request this hearing within 15 days, then DPS will suspend your driver’s license on the 40th day after you received notice of the suspension. I you make the request on time, then DPS will schedule a hearing for you in approximately 1 – 3 months.
What Happens at an ALR Hearing?
The ALR hearing is held in front of a Judge with the State Office of Administrative Hearings (SOAH). The purpose of this hearing is to determine whether you may keep your driver’s license. The State bears the burden to prove by a preponderance of the evidence that:
(1) The officer had probable cause to stop your vehicle (2) You were driving a motor vehicle while intoxicated (3) The officer asked for a specimen of your breath or blood (4) That you refused to provide a specimen
The State usually wins the ALR Hearing since the burden of proof is far easier to meet in Civil Court than in Criminal Court. The ALR Judge will make a ruling immediately after the hearing concludes. If the State meets its burden, then DPS immediately suspends your license. If the State does not meet its burden, then you keep your license. You should note that if you win the ALR hearing, you cannot use this fact in your favor in the criminal case. This is because the ALR hearing is a Civil case that carries a far lower burden of proof.
Note that if you eventually plead guilty or a Judge/Jury finds you guilty of DWI, then you will face another driver’s license suspension.
How Long Will DPS Suspend my Driver’s License?
Driver’s License suspension periods depend on several factors but ranges from 90 days up to 2 years.
Is There Anything Else I Can Do if I Lose my ALR Hearing?
Even after DPS suspends your Driver’s License following 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.
What if I hold a Commercial Driver’s License?
There are different consequences for your Commercial Driver’s License. I cover this in a separate post.
Conclusion
In conclusion, the consequences of a DWI/BWI arrest extend beyond just the possibility of a fine or jail time. Expenses can mount up quickly. You might lose the opportunity to keep your driving privileges if you do not act quickly. If police have arrested you for DWI or BWI, then you need to hire an attorney that will protect your interests at an Administrative License Revocation Hearing. Please contact Carter Criminal Defense Today for your free consultation.