Awards & Media Appearances
What is the ALR Process? 
In Texas, a DWI arrest triggers two separate processes. First, there is the criminal case, where you will face charges and potentially a trial. Second, there is the administrative process concerning your driver’s license, also known as the ALR process. This process is handled by the Texas Department of Public Safety (DPS) and determines whether your driver’s license will be suspended following your DWI arrest. The ALR hearing is your opportunity to challenge the suspension of your driver’s license. However, you need to take immediate action to schedule this hearing. You only have 15 days from the date of your arrest to request it. If you fail to make this request within the given timeframe, your license will automatically be suspended. Why is the 15-Day ALR Deadline So Important?
The ALR hearing is a critical part of the process, and failing to request it within 15 days could result in the automatic suspension of your driver’s license for a minimum of 90 days. This suspension could be extended or become more severe depending on the circumstances of your case. However, requesting an ALR hearing within that timeframe provides you with an opportunity to fight for your driving privileges.The Zendeh Del & Associates, PLLC Team
How Do I Request the ALR Hearing?
After your DWI arrest, you will typically receive paperwork that provides instructions on how to request an ALR hearing. The paperwork may include a Notice of Suspension along with a Request for Hearing form, which you must submit to the DPS. The process can vary depending on whether you were arrested for a first-time offense or if you have prior DWI arrests. To request the ALR hearing, you’ll need to submit the request to the Texas Department of Public Safety (DPS) within 15 days of your arrest. You can send the request by mail or through the online DPS portal, depending on the instructions you receive. If you fail to request the hearing within this time, the DPS will begin the process of suspending your license, and you will no longer have the opportunity to contest the suspension. At this point, it is highly recommended that you consult with a DWI defense attorney. An experienced attorney can ensure that your request is submitted correctly and on time, and they can help guide you through the administrative process, making sure you don’t miss any important deadlines.What Happens After I Request the ALR Hearing?
Once you request the ALR hearing, you’ll be sent a notice from the DPS with the date, time, and location of your hearing. It’s important to note that the ALR hearing is not a criminal trial. Rather, it’s an administrative process that focuses specifically on whether or not your driver’s license should be suspended. At the hearing, a judge or hearing officer will review the details of your arrest. This includes factors like whether the arresting officer had probable cause to stop you, whether the officer properly administered a breathalyzer or blood test, and whether you were informed of your rights at the time of the arrest. The judge will then decide whether to suspend your license or if your license should be reinstated.Client
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Key Arguments Your Lawyer Might Use at the ALR Hearing
During the ALR hearing, your lawyer will present arguments to challenge the suspension of your license. Some of the most common defenses used in DWI cases include:- Lack of Probable Cause for the Stop: The arresting officer must have had a valid reason to pull you over in the first place. If your attorney can demonstrate that the officer did not have probable cause (for example, if you were stopped without any signs of erratic driving), your case could be dismissed, and the license suspension may be avoided.
- Improper Administration of the Breathalyzer/Blood Test: Breathalyzer and blood tests must be properly administered according to specific guidelines. If there were errors in the way the test was administered or if the equipment was not properly calibrated, your attorney may be able to argue that the test results are invalid.
- Mistakes in the Process or Documentation: Even small errors made during the arrest process can lead to the dismissal of the case. Your attorney may argue that certain procedures weren’t followed or that documents were not properly filed, which could result in a favorable outcome for you.