Texas License Suspension
When you are arrested for DWI in Texas you face a Texas license suspension. The Texas license suspension goes into effect 40 days after you are issued notice of the suspension. This notice is normally issued to you at the time you test over a .08 BAC or if you refuse to submit to a breath or blood sample. You only have 15 days from the date you are issued notice to fight the Texas license suspension. It is important that you contact me right away to protect your driver's license.
The DWI Defense and the ALR Defense
When you are arrested for DWI you face two separate legal actions. The DWI charge has the most serious consequences. The second is the Administrative Texas license suspension. The Texas license suspension will go into effect if you do not file a request for a hearing within 15 days of when you received or were presumed to have received the notice of suspension. For this reason, it is very important that you contact me immediately after being arrested for DWI in Texas.
Administrative License Revocation (ALR) Program
The Administrative License Revocation (ALR) Program is a civil administrative process unrelated to the criminal DWI charge. The ALR program applies to individuals arrested for DWI or Boating While Intoxicated and who either refuse or fail the breath or blood test.
If you refuse to take the breath or blood test, then your Texas license may be suspended from 180 days to 2 years. If you fail the breath or blood test, then your license may be suspended for between 90 days to 2 years. If you have a commercial driver's license (CDL), then refusal or failure will result in an automatic one year Texas license suspension.
The purpose of the ALR program is to provide a hearing process for determining whether the proposed Texas license suspension by the Department of Public Safety (DPS) of the person who has been accused of DWI, DUI, or BWI should be upheld.
If you refuse to take the breath or blood test, then your Texas license may be suspended from 180 days to 2 years. If you fail the breath or blood test, then your license may be suspended for between 90 days to 2 years. If you have a commercial driver's license (CDL), then refusal or failure will result in an automatic one year Texas license suspension.
The purpose of the ALR program is to provide a hearing process for determining whether the proposed Texas license suspension by the Department of Public Safety (DPS) of the person who has been accused of DWI, DUI, or BWI should be upheld.
Can I represent myself at the License Suspension Hearing?
Yes you can, but you have the right to hire an attorney and I strongly recommend that you employ an experienced DWI Lawyer to represent you. The Department of Public Safety will be represented by a lawyer at the ALR hearing. The Judge who will decide if DPS has proved their case will also be an attorney. It is best to have an attorney representing you who knows what to expect and knows how to destroy the government's case.