The Gilbert G. Garcia Law Firm

Board Certified in Criminal Law by the Texas Board of Legal Specialization

Administrative License Revocation Hearing (ALR)

Overview

ALR went into effect on January 1, 1995. This program is the administrative process by which the Department suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). Specifically, an individual may be suspended if he/she either refused to submit to a chemical test or provided a specimen with an alcohol concentration of 0.08 or greater. The DPS is also authorized to suspend the driver licenses of minors who commit the offense of driving under the influence (DUI).

The Texas Legislature recently enhanced the program by amending the governing statutes to require that the arresting officer confiscate the offender’s Texas driver license upon service of a Notice of Suspension and issue a 40-day temporary permit. In addition, the amendments provided for increased suspension periods, as well as a suspension for individuals who refuse to provide a specimen following an arrest for the offense of boating while intoxicated (BWI).

Hearing Procedures

The ALR hearing is conducted at a location designated by State Office of Administrative Hearings (SOAH) in either the county of arrest (if the arrest occurred in a county with a population in excess of 300,000) or within 75 miles of the county seat of the county of arrest. Alternatively, both parties may agree to hold the hearing by teleconference, however we believe that it is in the best interest of our client to have an in-person hearing. The hearing is conducted by an Administrative Law Judge (ALJ) employed by SOAH and the DPS has the burden of proof by a preponderance of the evidence. If the judge makes an affirmative finding on all the relevant issues, the license is suspended. An individual whose license has been suspended following an administrative hearing may appeal the decision rendered by the ALJ. The petition must be filed within thirty days of the decision in the county court in the county of arrest. A properly filed appeal petition stays the suspension for first offenders for up to ninety days.

The Gilbert G. Garcia Law Office ALR/DWI Procedures

  1. We send notice to the DPS requesting a hearing within 15 days of the date of your arrest.
  2. DPS sets the case for hearing, we notify you and we calendar the hearing date.
  3. We send DPS a Request for Production requesting a copy of the police officer sworn report, the breath test and or blood test (if one exists) and the DPS paperwork for the ALR hearing.
  4. Normally, DPS sends us copies of the DIC 22,24 and 25 as well as the other DPS paperwork regarding the hearing.
  5. After we receive the video from the DA office and the police reports, you then come in for an appointment. We then review the facts, discuss your options and listen to your direction regarding the disposition of the case.
  6. We review the file, research the law and prepare for the hearing.
  7. We attend the hearing, representing your interests. You may attend the hearing or not, it is based on your schedule and desire.
  8. Generally, in about 5 – 8 business days, we receive the notice from the DPS regarding the decision of the Judge and notify you of the outcome.

Periods of ALR Suspension

ADULT: REFUSAL of the TEST 180 days First offense
2 years If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

 

ADULT: PROVIDED a TEST and FAILED 90 days First offense
1 year If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

 

MINOR: REFUSAL of the TEST 180 days First offense
2 years If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

 

MINOR: PROVIDED a TEST and FAILED 60 days First offense
120 days If previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle
180 days If previously convicted twice or more of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle