The Administrative License Revocation (ALR) Program is not part of the
criminal court proceedings. Instead, it is a civil administrative process
for those arrested for driving while intoxicated (DWI).
Individuals who refuse or fail a breath or blood test following a DWI arrest
may have their driver’s license suspended for 90 days and two years.
Refusal or failure of this BAC chemical test will also lead to an automatic
one-year disqualification for those with a commercial driver’s license (CDL).
If your driver’s license has been suspended as a result of a DWI
arrest, you have
15 days from the date of the arrest to request a
hearing for an ALR to contest the suspension. If the request is submitted within the 15-day
timeframe, the Texas Department of Safety (DPS) will send a letter to
the person to the address on record. The letter will address the date,
time, and location of the hearing. Allow up to 120 days for the hearing
to be scheduled.
On the other hand, if your request is made after the mandatory 15-day timeframe,
it will be denied and you will receive a denial notice via mail. It is
imperative to schedule your hearing in a timely manner in order to have
the best chance of getting your driving privileges back.
Hearings are led by the State Office of Administrative hearings. The Administrative
Law Judge (ALJ) will then listen to the evidence presented by all parties
involved. Once the hearing concludes, the ALJ will issue a final (appealable)
decision and order that will be sent to all parties.
If the AFJ determines that DPS has proven its case, the ALJ’s order
will authorize a suspension of the defendant’s driver’s license.
If the ALJ finds that DPS has not proven its case, the defendant’s
driver’s license will not be suspended.
If you were arrested for a DWI in Texas,
contact The Law Office of Jason Luong, PLLC and request a
free consultation with our Houston
criminal defense attorney today.