After a DWI arrest, you must attend an Administrative License Revocation (ALR) hearing if you want to fight the suspension of your driver’s license. An ALR suspended license lawyer in Allen from the Law Offices of Randall B. Isenberg can argue against the suspension of your license. Or, if you already have a suspended license, your lawyer can appeal or petition the court for a provisional license.
Call 214-696-9253 today for a free case review.
License Suspension Time for DWI in Texas
During a DWI arrest, the police will confiscate your driver’s license. Although the officer will issue you a temporary driving permit, you must schedule and attend an ALR hearing if you want to argue against suspension. Otherwise, the Texas Department of Public Safety (TxDPS) will automatically suspend your license.
Your potential suspended license penalties are as follows:
- 6 month to 2 year suspension of your driver’s license
- $1,000 to $2,000 surcharge to reinstate your license
- $1,000 to $2,000 annual surcharge to maintain your license (for 3 years)
The potential suspension penalties you face depend on factors that include:
- Any prior DWI convictions
- Any aggravating circumstances
- Whether you refused blood alcohol concentration (BAC) testing
- Whether you previously refused BAC testing
Any penalties that result from the ALR process are in addition to those you face for your criminal DWI charges.
The ALR Hearing Does Affect Your DWI Case
The ALR hearing provides you with the opportunity to argue against license suspension. This civil proceeding, overseen by an administrative law judge, takes place separately from your criminal proceedings and the outcomes of each are independent of the other—to a degree.
The lawyers who represent the TxDPS at the ALR hearing will use the same evidence to argue for license suspension as the prosecutor will use to obtain a criminal drunk driving conviction. The sooner your DWI lawyer can get a look at the evidence, the soon your legal team will understand the strength of the prosecutor’s case.
This evidence may include:
- The arresting officer’s report
- Dash cam footage
- The arresting officer’s statement
- Witness statements
- BAC testing reports
You have a legal right to obtain and review all evidence in the possession of the TxDPS, so that you can mount a defense if you so choose. This means that our legal team can obtain copies of all evidence through the discovery process. This provides invaluable insight that we can use to defend you at the ALR hearing and bolster your criminal DWI defense.
The officers who handled your DWI arrest do not always appear at the ALR hearing. However, we can subpoena the officers to testify.
At the hearing, we can question the officers under oath, potentially uncovering weaknesses in the case.
How an ALR Suspended License Lawyer in Allen Can Help You
When you trust the Law Offices of Randall B. Isenberg to handle your ALR hearing, we will handle every aspect of the process on your behalf. We will protect your legal rights and provide services that include:
- Scheduling your ALR hearing and confirming it
- Obtaining key evidence
- Subpoenaing witnesses to testify
We will also prepare you to give sworn testimony at the hearing, allowing us to build the strongest possible case against license suspension. Because the prosecutor can use any of your ALR hearing testimony against you in your criminal case, this helps us protect you in both proceedings.
If the administrative law judge rules to suspend your license, we can file multiple appeals. We can also request an occupational license, which allows you to legally drive to work, school, related events, and for important personal purposes such as banking, medical and legal appointments, paying bills, and shopping for necessities.
Other services we provide include:
Handling Every Aspect of Your Case
Our legal team will represent you for every portion of the ALR suspended license hearing process. We will handle all the legal details to ensure every opportunity to argue against license suspension.
Investigating and Documenting Your Case
Our legal team will obtain all available evidence and information related to your case. We will analyze this information to identify any potential errors made by the arresting officers as well as any legal rights violations.
Building a Persuasive Case
Based on our investigation, we will determine if the police made any mistakes or violated your legal rights in any way. We can use any errors or rights violations to argue license suspension.
For your criminal case, we can use any problems as leverage for negotiating with the prosecutor. Potential issues of note include the possibility that the police did not have reasonable suspicion to pull you over or probable cause to place you under arrest.
Challenging BAC Tests and Results
Errors in either the breathalyzer or blood testing procedures may provide a strong argument in your favor. Both processes must proceed according to governing standards and, if the testing technician made any mistakes or did not have the appropriate training and certification, it provides us with an opportunity to question the rest results. In addition, multiple factors (medication, oral hygiene products, etc.) can lead to false-positive breathalyzer results.
Free Consultation to Learn More About How an ALR Suspended License Lawyer in Allen Can Help You
Although you do not have to have a criminal defense lawyer represent you for the ALR process, representing yourself for this complex legal proceeding may not result in the outcome you expect.
An arrest for drunk driving, even with apparently persuasive BAC evidence, does not ensure a criminal conviction or driver’s license suspension. Before you provide a statement to the police or agree to accept a deal from the prosecutor, talk to an ALR suspended license lawyer in Allen to explore your options.
Randall Isenberg has more than 30 years of experience – as a chief felony prosecutor, state district court judge, and criminal defense attorney – and our legal team will put this insight to work for you.