It is a civil hearing where the Department of Public Safety (DPS) attempts to suspend your driver’s license.

It is the law. A license suspension is initiated automatically when someone is arrested for DWI and they blow over .08 on the breathalyzer. It is also initiated if someone refuses to blow in the breathalyzer or refuses to give blood if the police request it. The suspension for refusing to blow or give blood is based on the legal theory that by getting a driver’s license, you have agreed to give breath or blood when requested by law enforcement (implied consent). However, the suspension can be delayed and challenged at an ALR hearing.

No. A DWI triggers two legal issues. The main one is the criminal charge for DWI – this is “Travis County vs. You”. The second legal issue is the civil case for suspending your license – this is “DPS vs. Your Driver’s License”. The criminal prosecutors (County Attorney) do not coordinate with the civil prosecutors (DPS). Neither side cares what happens on the other side.

No, it must be requested within 15 days of the DWI arrest.

We subpoena the stopping and arresting officer(s) and cross-examine them on the reason for the stop and why they arrested you.

No. If you are at the hearing, the prosecutors could call you as a witness and put you on the stand – asking questions that would likely incriminate you. For example, “How much did you have to drink?”

It is possible to win, but unlikely. The police officer only needs to convince the judge that he/she had reasonable suspicion to stop you and probable cause to arrest you. Reasonable suspicion usually means a traffic violation (no matter how small) and a couple of signs of intoxication (such as odor of alcohol, stumbling and/or bloodshot eyes).

We never know what we will discover at the ALR hearing. Sometimes we find out information that helps us on the criminal case. Also, requesting an ALR hearing delays the license suspension (up to 2 or 3 months). This delay allows our clients more time to prepare for the suspension. Plus, we do occasionally win (about 10% of the time) because the police officers don’t show up for the hearing.

Who knows? If the officer has a good excuse (such as vacation, training, sick, etc.), the judge will usually give DPS a continuance. The hearings are by ZOOM now, so they are more likely to appear.

A continuance is when the judge resets the hearing for a later date. Either side can request a continuance. It is up to the judge whether to grant or deny the request. The judge will usually agree to one or two continuances before denying the request.

Your license can still be suspended on the criminal side of the case. However, we can often avoid a suspension (on the criminal side) if this is your first DWI. It is much more difficult if it is your second DWI.

The judge makes a decision and faxes us the result. This usually takes a couple of days. We will then send you an e-mail update letting you know the result.

Yes. But the suspension is not entered into the DPS computer for 3-5 days. This is important because if you are stopped by the police during this time, they won’t know that your license is suspended. So we have a short grace period to get an Occupational License (assuming you are eligible).

No problem. Give us a call – (512) 472-1113 – we’re happy to answer any questions. Or you can e-mail us.