Administrative License Revocation Hearing (ALR)
Administrative License Revocation Hearing (ALR)
Charlie explains the Texas Administrative License Revocation (ALR) hearing process following a DWI arrest.
Requesting an ALR Hearing
Charlie explains how to request your own ALR hearing. He also discusses why it is probably better for an attorney to do it.
WHAT DO I NEED TO DO IF WE LOSE THE ALR HEARING?
Charlie explains the basic overview of what you need to do to get an Occupational Driver's License
FAQs
Q: What is an ALR hearing?
A: An ALR (Administrative License Revocation) hearing is a legal process in Texas that occurs after a DWI arrest if you either blew over .08 or refused to blow. It determines whether your driver's license will be suspended.
Q: When will my license be suspended after a DWI arrest?
A: Your license will be suspended at the 40-day mark after your DWI arrest unless you request an ALR hearing.
Q: How do I request an ALR hearing?
A: You or your attorney must request an ALR hearing within 15 days of your DWI arrest to stop the automatic suspension of your license until the hearing occurs.
Q: What happens if I request an ALR hearing?
A: Requesting an ALR hearing stops the suspension of your license until the hearing takes place. The hearing can be reset a few times, but it will eventually happen.
Q: What occurs during the ALR hearing?
A: During the ALR hearing, we subpoena the arresting officer(s) who will testify about why they stopped you and believed you were intoxicated. The burden of proof is low; they only need reasonable suspicion to stop you and probable cause to arrest you.
Q: What are the chances of winning the ALR hearing?
A: It is difficult to win the ALR hearing if the officers show up and provide convincing testimony. However, if they do not show up or we present evidence that disproves their testimony, we can win the case, preventing your license suspension.
Q: What happens if we lose the ALR hearing?
A: If we lose the ALR hearing, meaning the officers provide sufficient evidence and the judge rules against us, your license will be suspended. However, you can still apply for an occupational license.
Q: What is an occupational license?
A: An occupational license allows you to drive for essential purposes, such as work, school, and household duties, despite the suspension of your regular driver's license.
Q: What do I need to obtain an occupational license?
A: To get an occupational license, you will need SR-22 insurance and a driving record, among other requirements. Despite the additional steps, you will almost certainly be eligible for an occupational license if we lose the ALR hearing.
Q: How can an attorney help with the ALR process?
A: An attorney can request the ALR hearing on your behalf, subpoena the officers, present evidence, and guide you through obtaining an occupational license if needed.
Q: Can I request an ALR hearing myself?
A: Yes, you can. Instructions on how to request the hearing are provided on the temporary driving permit issued when your license is taken after a DWI arrest.
Q: Can I request an ALR hearing and then have an attorney take over later?
A: Yes, you can request a hearing yourself and then hire an attorney to take over the case at a later time.
Q: Is it beneficial to always have an ALR hearing?
A: While not always successful, it is usually advised to have the hearing as it can delay license suspension and possibly reveal information that can be helpful for the criminal side of the case.
Q: What are the chances of winning an ALR hearing?
A: The chances of winning or learning something beneficial at an ALR hearing are about 10% to 15%, so it can be challenging but not impossible.
Q: Can I get an occupational license if I lose my ALR hearing?
A: Yes, in most cases, an attorney can help you acquire an occupational license with certain restrictions even if you lose your ALR hearing.