If you were recently arrested for a DWI in Texas and you either failed or refused to take a chemical test (e.g., breath or blood test), your driver’s license will be automatically suspended by the Texas Department of Public Safety (DPS). However, you may be able to contest the suspension in an administrative license revocation (ALR) hearing.
After your arrest, you have 15 days to request an ALR hearing with the DPS. If the DPS takes your case, your hearing will be scheduled within the next 120 days from the date you filed your request.
What Happens at an ALR Hearing?
ALR hearings are a civil process held by the State Office of Administrative Hearings (SOAH). An administrative judge (AJ) will hear each parties’ evidence and determine whether to uphold or dismiss the driver’s license suspension.
If you refused to submit to a post-arrest chemical test, the DPS must prove that the arresting officer had reasonable suspicion to pull you over, had probable cause to make a DWI arrest, lawfully asked you to take a breath or blood test, and you refused. If you failed a post-arrest chemical test, the DPS must prove that the arresting officer had reasonable suspicion and probable cause, and your blood alcohol content (BAC) was over the legal limit.
If you – with the help of a criminal defense attorney – can show the court that law enforcement officials improperly established reasonable suspicion and/or probable cause before arresting you, the AJ may rule in your favor and your driving privileges will be restored.
What Happens If I Lose at the Hearing?
If the AJ rules in favor of the DPS at your ALR hearing, you may appeal the court’s decision if a legal error was made during the original hearing. Additionally, you may still qualify for an “occupational license,” which enables you to drive to and from work and/or school, as well as perform essential household duties.
If you have recently been arrested for a DWI in Bryan or College Station, contact Rodriguez & Gimbert today at (979) 559-3599 to let our legal team protect your rights and driving privileges. Get over 45 years of combined experience on your side!
