Arrested for DWI Over Thanksgiving? Your 15-Day ALR Deadline to Save Your License

If you’ve been arrested for Driving While Intoxicated (DWI) over the Thanksgiving holiday weekend, you may be overwhelmed and unsure of what steps to take next. Not only are you dealing with the criminal charges associated with a DWI arrest, but you also have a strict 15-day deadline to request an Administrative License Revocation (ALR) hearing to prevent the automatic suspension of your driver’s license. Missing this critical window can result in significant consequences, including losing your driving privileges for a period of time. In this article, we’ll explain everything you need to know about the ALR process and why you should act quickly to protect your license.

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What is the ALR Process? Arrested for DWI Over Thanksgiving? Your 15-Day ALR Deadline to Save Your License

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

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Legal Assistant Zaira Banda

Zaira Banda

Legal Assistant

Legal Assistant Colleen Herndon

Colleen Herndon

Legal Assistant

In Texas, the suspension of your license can have far-reaching consequences. For many people, the ability to drive is essential for everyday activities such as getting to work, running errands, or taking children to school. A license suspension can disrupt your life significantly, making the ALR hearing a vital process for anyone arrested for DWI.

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.

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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.
These are just some of the arguments your attorney can make. The goal is to show that the suspension of your driver’s license is unjustified, and that you should retain your driving privileges.

What Are the Consequences if I Don’t Request the ALR Hearing?

Failing to request an ALR hearing within 15 days can lead to the automatic suspension of your license. For a first-time DWI offense, the suspension period is typically 90 days. However, the suspension can be longer if you have prior DWI arrests or if you refused to take a breath or blood test.

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In addition to the inconvenience of being without a driver’s license, you may also face a limited driving privilege. For some individuals, a temporary hardship license can be requested if the suspension is contested or if you have certain conditions in place. However, without an ALR hearing request, these privileges may not be available.

How Can Zendeh Del & Associates PLLC Help?

The attorneys at Zendeh Del & Associates PLLC understand the urgency of DWI cases and the importance of protecting your driving privileges. With years of experience in DWI defense, we can help you navigate the complexities of the ALR hearing process, ensuring that your request is filed promptly and your case is presented effectively. If you’ve been arrested for DWI over Thanksgiving or any other time, don’t wait. Contact Zendeh Del & Associates PLLC today to schedule a consultation. We’ll review your case, help you understand your options, and ensure that your rights are protected every step of the way. Remember, the 15-day deadline is non-negotiable. Missing it could result in an automatic suspension of your license. Protect your right to drive by taking action immediately. Contact us today, and we’ll help you fight for your freedom.

To learn more about this subject click here: Texas DWI Blood vs. Breath Tests: Which Evidence Holds Up in Galveston County Courts?

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