When you have been arrested or charged with DWI, the law enforcement officer who arrested you will confiscate your driver's license and issue you a Notice of Suspension, which lets you know that your driver's license will be suspended at a certain date. You have 15 days from the date that the arresting officer serves you with that notice to schedule an Administrative License Revocation (ALR) hearing. This hearing will determine what will happen with your license if you failed or refused a
breath or blood test. If you do not schedule a hearing, your license will be suspended. It is not a criminal trial and does not have anything to do with your DWI criminal charges as it is an independent process.
License Suspension and ALR Hearings
This system was created in order to give individuals charged with DWI a fair chance to state their case in front of the Administrative Law Judges. They will review the evidence and testimony and determine whether your license will be suspended or not. Since the state of Texas has given you this chance to defend yourself and prove your innocence and keep your right to drive, it is very important that you take full advantage of this provision. With the help of a DWI attorney, you can take advantage of your rights and maximize your chances of keeping your license. If you have been arrested for DWI and you do not schedule an ALR hearing by contacting the State Office of Administrative Hearings, your license will be suspended.
Therefore, it is definitely in your best interests to do everything you can to protect your right to drive. If the Administrative Law Judge hearing your case determines that there is insufficient evidence against you, you will have your license returned to you by the Department of Public Safety. When you request your hearing, you will receive information regarding the date, time and location. With the help of your attorney, you can do everything possible to keep your license.
Do I need an attorney?
Every client that contacts with The Martinez Law Firm within 15 days of their drunk driving arrest is provided an in-person ALR hearing. The ALR is included in the fee when you hire the firm. Thus, the firm is immediately trying to save your driving privileges. Additionally, the hearing allows the firm to cross examine the arresting officer on the record to help defend your case, if a trial is necessary. Most importantly, if the ALR hearing is won your driver's license is NOT suspended.