You have the right to an administrative license review (ALR) hearing. But you must act fast! You only have 15 days from the day you got arrested to request this hearing. If you do not request the hearing your license will be suspended starting 40 days from the date you got arrested.
If your driver's license has been suspended due to a DWI, call us immediately upon release and we will discuss your ALR hearing with you.
We will request an ALR hearing for you and start the process. We demand an in-person hearing. By demanding an in-person hearing this requires that the officer who arrested you show up to the hearing. If the officer does not show up your ALR hearing will be dismissed. If the ALR hearing is dismissed you will never have a suspension on your license for either refusing to give a specimen or for being over the legal limit once that specimen is analyzed.
If the officer does appear to testify against you at the ALR hearing, we have our first line of attack. We get to cross-examine the officer under oath. Officers are not normally prepared to testify at this hearing. They often make mistakes or have no recollection. We can use this testimony in our fight! Because the testimony is under oath, we can obtain a transcript. We can use this transcript to cross-examine the office and attack his credibility. Contact us immediately for your free strategy session!
If the officer shows up to your ALR hearing more than likely you will have a suspension on your Texas driver’s license. The burden of proof is much lower than in criminal court. In criminal court, the State must prove that you are guilty beyond a reasonable doubt. At the ALR hearing, the Department of Public Safety (DPS) most only prove by a preponderance of the evidence that the officer had reasonable probability to pull you over, probable cause to arrest you, and that you either refused to give a specimen or you gave a specimen and it was over .08.
If you refused to give a breath or blood test your license will be suspended for 180 days. If you gave a breath or a blood test and the result is over a .08, your license will be suspended for 90 days. If you have a previous ALR suspension on your driver’s license or you have a previous suspension on your driver’s license, it could be longer. Contact us, and we will look at your driving record so you are prepared for this suspension.