The Zendeh Del & Associates, PLLC Team
Understanding the ALR Process 
The ALR (Administrative License Revocation) hearing is a process through which you can challenge the suspension of your driver’s license after a DWI arrest. If you fail a breath or blood test or refuse to submit to one, the Texas Department of Public Safety (DPS) will begin the process of revoking your license. But the good news is that you are not completely at the mercy of the system. You have the right to contest the suspension by requesting a hearing. This hearing is not a trial for the DWI itself. Rather, it is an administrative procedure focused solely on whether the suspension should stand. While the criminal DWI case is handled separately, the ALR hearing provides an immediate opportunity to contest the suspension of your driving privileges before it takes effect. The 15-Day Deadline: Why It Matters
Texas law stipulates that you have only 15 days to request an ALR hearing following your DWI arrest. The countdown begins immediately after your arrest, and once the clock runs out, your chances to fight the suspension vanish. Missing the 15-day window results in the automatic suspension of your license, and this can be a serious setback if you depend on driving for work or other essential activities. The timeframe can be especially tricky during busy periods like the New Year when people may be distracted with holiday plans. It is important to remember that the 15-day deadline applies regardless of holidays, weekends, or travel plans. As soon as you are arrested, the DPS starts counting down, so swift action is crucial.Client
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What Happens If You Miss the Deadline?
If you do not request the ALR hearing within the allotted 15 days, the consequences can be immediate and severe. Your license will be automatically suspended, and the suspension period can last anywhere from 90 days to two years, depending on your driving history and the specifics of the case. If you miss the deadline, there are few ways to reverse the suspension. Once the suspension starts, you may be forced to apply for a restricted license or face challenges if you need to use your car for work, family, or personal reasons. In many cases, a restricted license is not granted automatically and is subject to specific conditions that can be difficult to meet. Therefore, failing to request the ALR hearing within the 15-day period could lead to long-term consequences on your ability to drive.Steps to Request an ALR Hearing
Requesting an ALR hearing is a simple process, but it must be completed within the 15-day deadline. Here’s what you need to do:- Contact the Texas Department of Public Safety (DPS): Once you are arrested for DWI, the clock starts ticking. You can contact the DPS to request the hearing either online, by phone, or by mail. The sooner you make the request, the better, as it ensures that your hearing will be scheduled and your right to contest the suspension will be preserved.
- Work with a DWI Defense Attorney: A skilled attorney will be essential in preparing for the hearing. Your lawyer will help you gather evidence, request records, and potentially secure expert witnesses who can testify on your behalf. Evidence such as dash cam footage, witness statements, and testimony about the reliability of breathalyzer tests could play a major role in challenging the suspension.
- Prepare Your Case: The ALR hearing is an opportunity to challenge several aspects of your arrest, such as whether the police officer had a legal reason to stop you, the accuracy of the tests conducted, or whether proper procedures were followed. Working closely with your attorney, you’ll need to present evidence and arguments to support your case.
- Attend the Hearing: The ALR hearing will take place at the DPS office. If you win the hearing, your license will be returned to you, and the suspension will be voided. If you lose, the suspension will begin, but you may still be able to apply for a restricted license to drive under certain conditions.
What Can You Do if You Lose the ALR Hearing?
If the ALR hearing does not go in your favor, your license will be suspended, but the battle isn’t over. Losing the hearing does not mean you’ve been convicted of the DWI charge itself. The criminal case is still separate, and you will have an opportunity to defend yourself against the charges in court. In addition, even after an ALR loss, you can apply for a restricted license in certain circumstances. A restricted license allows you to drive for specific purposes, such as to and from work or school. However, this is not guaranteed, and you may be required to install an ignition interlock device or meet other conditions.The Importance of Legal Representation in the ALR Process
Facing the ALR process without an experienced attorney is a risky move. The law surrounding DWI and ALR hearings is complex, and the outcome of the hearing can significantly impact your driving privileges. A knowledgeable DWI attorney can ensure that you don’t miss the 15-day deadline and will provide guidance through the entire process. Attorneys who specialize in DWI cases can help you:- File the request for the ALR hearing on time.
- Gather and present the best evidence to challenge the suspension.
- Explain the potential outcomes and assist with any steps that follow, including applying for a restricted license.