Administrative License Revocation
You’re likely already aware of the serious consequences a DWI conviction could result in including time in jail and expensive court fines. What you might not know is that a DWI doesn’t just result in criminal penalties, but also includes administrative consequences as well. If you’re facing charges for DWI or you’ve refused a DWI chemical test, the Texas Department of Safety (DPS) will automatically suspend your license for a period of time.
It can be difficult to navigate the state of Texas without a vehicle and depending on the facts of the case, you could be without one for two years because of one bad decision. Thankfully, you do have options to get your driver’s license back. An experienced and skilled DWI defense lawyer can assess the facts of your license suspension and file a request for an Administrative License Revocation Hearing.
At the hearing, your attorney will present arguments as to why you should retain your driving privileges. They can utilize their skills and resources to help you obtain a restricted license. That way you can still drive to school, work, and other essential duties. However, it’s important you act quickly. You only have 15 days to file a request for an ALR hearing after your arrest.
ALR Hearing Houston Attorney | Texas Administrative License Revocation Program
The criminal penalties for DWI are serious, but it’s important you have a thorough understanding of the administrative consequences as well. In Texas, if you’re charged with DWI your license is automatically suspended. DPS will also suspend your license if you refused a DWI chemical test or failed one with a BAC at or above .08 %.
If you or someone you know has been charged with DWI and/or had their license automatically suspended, we urge you to call The Benken Law Firm. Brian Benken of The Benken Law Firm has challenged many license suspensions by filing a request for an Administrative License Revocation hearing. He’s helped hundreds of people keep their driving privileges and can use his skills to do the same for you.
Call The Benken Law Firm today at (713) 223 - 4051 to set up your first consultation free of charge. The Benken Law Firm accepts clients throughout the greater Harris County and Houston area including Piney Point Village, West University Place, Galena Park, and many others.
- What Does it Mean to Have an Administrative License Suspension?
- How Long Do I Have to Request an ALR Hearing?
- What Can I Expect at the Hearing?
- How Long Is My License Suspended?
- Additional Resources
What Does Administrative License Suspension Mean?
In Texas, if you’re charged with DWI or you refuse to comply with a DWI breathalyzer or another chemical test, then you’ll receive an administrative license suspension. Meaning your license will be automatically suspended by the Texas Department of Public Safety (DPS). The length of the suspension will depend on whether you refused testing or were charged with driving while intoxicated.
You can fight the administrative license suspension though by filing a request for an administrative license revocation hearing. The hearing is a civil administrative process and is unrelated to any criminal proceedings if you’re charged with DWI. At the hearing, you and your attorney can exhibit arguments and evidence as to why the suspension shouldn’t be imposed.
How Many Days Does a Driver Have to Request an ALR Hearing?
The best way to challenge an administrative license suspension is to request a hearing. We highly suggest you get started right away and begin the process of filing the request. The reason we say this is because you only have 15 days to file a request for an administrative license revocation hearing.
You can file for a revocation hearing the moment you step foot out of jail or once you get a summons/notice of suspension in the mail. The clock begins ticking the moment you’re out on bail or receive the summons/notice in your mailbox. If you fail to file the request in time, then the DPS will bar any request for an administrative license revocation hearing.
What Can I Expect at an ALR Hearing?
Expect to face different procedures for an administrative license revocation (ALR) hearing than a standard criminal proceeding. Evidence in the hearing won’t be presented to a jury but instead an administrative law judge. The job of the judge in these hearing is to interpret the rules for the hearing and then make the ultimate decision of whether you should retain your driving privileges.
These hearings have a different standard of proof known as preponderance of the evidence. The burden of proof means you must prove it’s more likely than not you violated implied consent laws or were driving while intoxicated. No prosecution will attend the hearing as it’s a civil matter. However, your arresting officer may appear and challenge your arguments.
If you hire an attorney to represent you at the hearing, it may be a good chance to question your arresting officer without the District Attorney present. The officer may not be prepared to be cross-examined and therefore it will be easier for the defense to dismantle their arguments.
According to the Texas Transportation Code Section 524.035, the evidence must prove the following elements if your license was suspended due to a failed chemical test.
- You were driving a motor vehicle; and
- You complied and gave a breath, blood, or urine sample and alcohol was detected in your system above the legal limit; and
- The officer had enough probable cause to stop you
If you refused to take a chemical test, the evidence must prove:
- The officer pulled you over; and
- They had enough probable cause to determine you were inebriated and driving
- The officer requested you to comply with DWI chemical testing and informed you of the legal ramifications for refusing or failing; and
- You refused to comply after hearing what the officer said
Suspension Terms for DWI Refusal
If you fail or refuse a DWI chemical test, then the Department of Public Safety (DPS) will suspend your license for a period of time. The period of suspension will depend on a few factors including your age and if you refused to comply with testing. Listed below are the different suspension terms for DWI in the state of Texas.
If you are over the age of 21, then your suspension term is:
- Up to 90 days — Failing a chemical test
- Up to 1 year — Failing a chemical test with a history of one prior failed test
- Up to 180 days — First refusal
- Up to 2 years — Second or subsequent refusal
If you are underaged, then your suspension term is:
- Up to 60 days — Failing a chemical test
- Up to 120 days — Failing a chemical test with a history of one prior failed test
- Up to 180 days — Failing a chemical test with a history of two or more failed tests
- Up to 180 days — Refusing a chemical test
- Up to 2 years — Second or subsequent refusal
If you are a commercial driver, your commercial driver’s license will be disqualified.
- Up to one year — Refused or failed chemical testing; or
- Up to three years – Refused or failed chemical testing while transporting hazardous materials.
Administrative License Revocation (ALR) Program – Visit the official website of the Texas Department of Public Safety (DPS) to learn more about their Administrative License Revocation program and how to file for a hearing. Access the site to find the forms to request an ALR hearing, pay reinstatement fees and find other information about ALR hearings.
DWI Refusal Laws in Texas– Visit the official website of the Texas Penal Code to find more information about DWI refusal and implied consent laws. Access the site to read the statutes and learn more about their legal definitions, how samples are handled and more.
Harris County Attorney for Administrative License Revocation
If you or someone you know has been charged with a third DWI, then it’s imperative you contact an experienced criminal defense attorney like Brian Benken. An attorney can assess your charges and suspension terms and develop a formidable defense plan for you. Contact The Benken Law Firm to speak to a skilled DWI Houston attorney today.
Call criminal defense Brian Benken today at (713) 223 - 4051 to set up your first consultation for free. He accepts clients throughout all parts of Houston, Harris County, and all parts of the state of Texas.