When facing a DWI charge in Texas, one of the crucial steps in the legal process is the Administrative License Revocation (ALR) hearing. Following an arrest for a DWI, an ALR hearing is a formal legal proceeding that decides whether the motorist’s license should be suspended. This hearing is particularly significant for commercial driver’s license (CDL) holders, as the potential consequences can severely impact their livelihood. That said, understanding the ALR process is essential for all motorists.
Javier Guzman is an experienced attorney who can help get your ALR hearing dismissed. With his deep understanding of Texas DWI laws, Javier has developed effective strategies to challenge the evidence and procedural errors that often arise in these cases. His attention to detail and aggressive advocacy have led to numerous dismissals of license suspensions, safeguarding the driving privileges and livelihoods of his clients, especially CDL holders who face severe consequences.
If you are facing an ALR hearing in Texas, don’t leave your driving privileges to chance. Your chances of winning an ALR hearing in Texas are so much better with an expert legal defense on your side. Contact Guzman Law Firm today at (713) 338-9009, or get in touch with us online to protect your driving future and livelihood.
What is an ALR hearing?
An ALR hearing is an administrative proceeding that occurs after an individual is arrested for driving while intoxicated (DWI) in Texas. The primary purpose of this hearing is to determine whether the individual’s driver’s license should be suspended due to the arrest. It is separate from the criminal case and focuses solely on the issue of license suspension.
If you don’t already have an attorney to help you with your ALR hearing, you can likely kiss your driver’s license goodbye.
Continue reading: Is drunk driving a felony in Texas?
What is an ALR subpoena in Texas?
An ALR subpoena is a legal document that compels witnesses to attend the ALR hearing and testify. Subpoenas can be issued to the arresting officer, lab technicians, or any other individuals who may have relevant information about the arrest.
For CDL holders and their attorneys, issuing ALR subpoenas can be a crucial part of the defense strategy, as it allows for a thorough examination of all aspects of the arrest and evidence.
Is your license suspended immediately after a DWI in Texas?
No, the license is not suspended immediately after a DWI arrest in Texas. Upon arrest, the individual will receive a Notice of Suspension, which serves as a temporary driving permit for 15 days. During this period, the individual can request an ALR hearing to contest the suspension. If the hearing is not requested within 15 days, the license will be automatically suspended.
The ALR hearing process
- Notice of Suspension: After a DWI arrest, the arresting officer will confiscate the driver’s license and issue a Notice of Suspension. This notice serves as a temporary driving permit and outlines the individual’s right to request an ALR hearing within 15 days.
- Requesting an ALR hearing: If you don’t request an ALR hearing within 15 days of receiving the Notice of Suspension, it will result in an automatic suspension of your driver’s license. CDL holders should be especially diligent, as a suspended CDL can lead to job loss and other severe consequences.
- Preparing for the hearing: Once the hearing is requested, get reading for the hearing by gathering evidence, subpoenaing witnesses, and consulting with an experienced attorney. For CDL holders, the stakes are higher than they are for the general motorist population, so professional legal assistance is absolutely essential.
What happens at an ALR hearing in Texas?
In Texas, ALR hearings are conducted by the Texas Department of Public Safety (DPS). Here’s what to expect:
First, The hearing is overseen by an administrative law judge or hearing officer, who acts as a neutral party. The hearing officer will review the evidence and testimony to determine whether the license suspension is warranted.
Next, both the arresting officer and the individual (or their attorney) will have the opportunity to present evidence and call witnesses. This can include the results of chemical tests (such as breath or blood tests), the circumstances of the arrest, and any other relevant information.
Like at any hearing, each party in a Texas ALR hearing questions or cross-examines the witnesses. This is a critical aspect of the hearing, as it allows the individual to challenge the validity of the evidence presented by the arresting officer.
Lastly, after reviewing the evidence and testimony, the hearing officer will make a decision. If the officer determines that there was probable cause for the arrest and the individual failed or refused a chemical test, the license suspension will be upheld. If not, the suspension will be dismissed.
How much is the ALR reinstatement fee in Texas?
If the hearing officer upholds the suspension, the individual must pay a reinstatement fee to regain their driving privileges. As of 2024, the reinstatement fee in Texas is $125. This fee applies to both CDL holders and regular motorists. It is important to pay the fee promptly to avoid further delays in reinstating the license.
Special considerations for CDL holders
CDL holders face unique challenges in the ALR process. Even if you don’t currently hold a CDL, but are planning to, a suspended license brought on by a DWI can be one of the things that disqualifies you from getting a CDL in Texas. Here are some key points to keep in mind:
CDL holders are subject to stricter standards than regular motorists. Even a first-time DWI offense can lead to a one-year disqualification of the CDL. This makes it even more critical to contest the suspension vigorously.
A suspended CDL can have severe implications for employment. Many commercial drivers rely on their licenses for their livelihoods, and a suspension can lead to job loss and financial hardship. Therefore, CDL holders should consider hiring an attorney with experience in handling ALR hearings for commercial drivers.
In addition to the ALR suspension, CDL holders may face additional penalties from their employers or other regulatory agencies. It is essential to be aware of these potential consequences and take proactive steps to mitigate them.
Continue reading: How to get A CDL back after suspension In Texas
The ALR hearing checklist
- Act quickly! We’ve said it before, but if you’ve received a Notice of Suspension for your driver’s license, you must request an ALR hearing within the 15-day window to preserve your right to contest the suspension.
- Gather evidence. Collect all relevant evidence, including arrest records, chemical test results, and witness statements. This information will be crucial during the hearing.
- Seek experienced legal counsel. An experienced attorney can provide valuable guidance and representation throughout the ALR process. This is especially important for CDL holders, but beneficial for all motorists. (Learn more: can you be a truck driver with a felony?)
- Comply with all legal requirements. If the suspension is upheld, comply with all reinstatement requirements promptly. This includes paying the reinstatement fee and completing any required education or treatment programs.
In need of an ALR hearing for a suspended license in Texas? Call Guzman Law Firm to protect your rights.
An ALR hearing is a critical step in the DWI legal process in Texas, especially for CDL holders who face unique challenges and higher stakes. Understanding the ALR process, preparing thoroughly, and seeking professional legal assistance can make a significant difference in the outcome. By acting quickly and proactively, motorists can protect their driving privileges and mitigate the impact of a DWI arrest on their lives and careers.
At Guzman Law Firm, we understand how important maintaining a valid driver’s license is — especially for CDL holders who rely on an active license for their livelihood. If you have been charged with a DWI in Texas, call Guzman Law Firm at (713) 338-9009 or schedule a consultation online, and let us protect your right to drive.
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