Texas DWI charges involve two separate processes: the criminal court proceedings and the Administrative License Revocation (ALR) process, which determines whether you get to keep your driver’s license.
Unless you request an ALR hearing within 15 days of your arrest, the Texas Department of Public Safety (TxDPS) will automatically suspend your driver’s license for as long as two years.
An ALR suspended license lawyer in Plano can represent you in this proceeding, protecting your legal rights and negotiating on your behalf to help you keep your license.
Specifically, having an attorney can benefit you in these ways:
- Schedule your ALR hearing. An ALR lawyer can submit your hearing request paperwork, confirm its receipt, confirm your hearing date and time, and prepare you to testify at the hearing.
- Represent you at the ALR hearing. An ALR attorney can argue against license revocation and ensure that your legal rights are preserved.
- Review important case evidence. The ALR hearing allows your attorney to hear the prosecution’s evidence in your case and to question your arresting officer under oath. This information will help your lawyer build a stronger case for your criminal proceedings.
Schedule a free consultation with the Law Offices of Randall B. Isenberg today: 214-696-9253.
How does the ALR process work?
When you get your Texas driver’s license, you enter into a contractual agreement with TxDPS that you will not drive while intoxicated, and that you will agree to submit to a blood alcohol concentration (BAC) test if asked by a law enforcement officer.
If an officer stops your vehicle on the suspicion that you are intoxicated, she can request that you submit to field sobriety testing. Based on your performance, she may request that you submit to BAC testing (breathalyzer, blood, or urine testing) and arrest you based on the results.
At that time, the officer will confiscate your license, which initiates the ALR process. The officer will issue you a form, the TxDPS DIC-25, which is both a Notice of Suspension and a Temporary Driving Permit. This form also gives you the details of ALR with instructions for scheduling your ALR hearing. The temporary permit is effective for 14 days from the date of issue.
Is ALR separate from the DWI court proceedings?
Yes. The ALR process, including the suspended license hearing, is separate from the criminal proceedings of a Texas DWI charge. Neither of these proceedings affects the outcome of the other.
TxDPS handles the ALR process, no matter where you were arrested. ALR hearings take place at the Office of Administrative Hearings, for the purpose of determining the status of your driver’s license.
Even if your attorney succeeds at having your criminal charges dropped, you must request and attend the ALR hearing. Otherwise, TxDPS will summarily suspend your license.
How do you schedule an ALR suspended license hearing?
The DIC-25 form provides the instructions for scheduling your hearing, which you can do by phone or fax, or in writing. You also have an option to submit your hearing request using an electronic form located on the TxDPS website.
Remember, TxDPS must receive your request for an ALR hearing within 15 days of your arrest to avoid revocation.
If you send your request but TxDPS does not receive it for some reason, it will automatically suspend your license. This waives your right to a hearing, which waives our right to fight your ALR driver’s license suspension.
Unfortunately, TxDPS does not provide confirmation that it received your request for hearing. It will only contact you to notify you of our hearing date or to reject your request, both of which are by mail.
But, because TxDPS requests 120 days to respond, you will have missed your request deadline by the time you hear back. That is why having an ALR suspended license lawyer is critical during this process. We will keep track of your ALR hearing request and ensure TxDPS received it.
We will also ensure all the information on your form is correct as any mistakes on your form may cause TxDPS to reject your request.
How can the ALR hearing help your Plano DWI case?
Although the ALR suspended license hearing only determines whether you get to keep your driver’s license or lose it, it has other important implications in your Texas DWI case.
At the ALR hearing, your arresting officer will appear and testify before an administrative law judge regarding your case. Although this has no effect on your criminal charges, this is the first opportunity you have to hear the prosecution’s evidence against you.
Your attorney can question the officer under oath, to determine if she made any potential errors during the arrest and if probable cause existed for your traffic stop and subsequent chemical testing.
Do you need an ALR suspended license lawyer?
Although the court does not require you to have legal representation at the ALR hearing, having an attorney can help in two important ways.
If you have representation at the hearing from an ALR suspended license lawyer, you can possibly avoid having your license suspended (or garner a shorter suspension than the state originally ordered).
Secondly, your DWI lawyer will have the opportunity to review critical evidence, which can help strengthen your criminal defense and potentially help your attorney negotiate to have your charges dropped or reduced.
Contact an ALR suspended license lawyer in Plano today.
If you speak to an attorney immediately after a DWI arrest, it will give you the best chance of a favorable outcome in your case. Your lawyer will jump into action, protect your legal rights, and ensure that you understand every aspect of the criminal and ALR processes. The Law Offices of Randall B. Isenberg provides a free consultation for Texas DWI cases to help you decide the right course of action for you.
Call us today to schedule your appointment with an ALR suspended license lawyer in Plano: 214-696-9253.