ALR is an “Administrative License Revocation”
Administrative License Revocation Assistance in Williamson County and throughout Central Texas
People who are arrested of driving while intoxicated may not realize that in addition to the criminal charges and court date, they are also facing an administrative license revocation (ALR) as well. An ALR occurs when a person accused of drunk driving either refuses to take or takes and fails a blood or breath test. Because of Texas’ implied consent law, any person who does not take a blood or breath test when they are arrested for a DWI can have their license suspended in an ALR.
The purpose of the ALR program is supposed to be to allow for a fair and efficient administrative hearing process to determine whether the personls license should be suspended due to driving or boating while intoxicated. If you have been arrested for driving or boating while intoxicated anywhere in Central Texas, it is imperative that you hire an experienced criminal attorney like Board Certified Criminal Defense Attorney Russ Hunt, Jr.
Importance of Requesting an ALR Hearing
Individuals who have refused or failed a blood or breath test following a DWI or BWI arrest may be forced to have their driver’s license suspended from anywhere between 90 days and two years. Refusal or failure of the test may also result in an automatic one-year disqualification of a commercial driver’s license (CDL). A person who has been arrested for a DWI or BWI can request a hearing on the ALR suspension, but this hearing must be requested within 15 days of the person’s arrest.
At the ALR hearing, the individual may contest the administrative license revocation. The request must submitted before the 15 day deadline or it is waived. Once the hearing has been scheduled, the Department of Public Safety will send a letter to the person with a date, time, and location for the hearing. The State office of Administrative Hearings conducts the hearing, and the Department of Public Safety, who requested the suspension, must provide facts to the hearing officer to try and convince the officer that a suspension is warranted. The administrative judge must then determine if the reasons for the license suspension are valid.
We Can Fight for Your Driving Rights
The Department of Public Safety will be represented by a DPS attorney at the hearing, and the individual whose license they are trying to suspend may either represent himself, or that person may hire an attorney. The court will not appoint an attorney for the person, and if the individual wishes to hire a lawyer, they must do so before the hearing date. Because the ALR hearing is administrative and not a criminal proceeding, the DPS attorney may call the licensee as a witness if he is present for the hearing. The licensee will then need to assert his Fifth Amendment privilege to avoid having to answer questions about his drinking and driving. These hearings are recorded and a copy of the recording can be obtained and provided to the prosecutor for use in the DWI case. This is a major reason why it is inadvisable for the person charged with DWI to try and represent himself at the ALR hearing.
If you wish to drive prior to the conclusion of your DWI case, it may be beneficial for you to hire me. I can help you by submitting the proper documents to fight your license suspension. I will then obtain and review copies of the police report and breath or blood testing results to help me prepare for your hearing. I have over 20 years of criminal defense experience, and may be able to assist you protect your driving rights.
You May Still be Allowed to Drive
In the event that we do not prevail at the ALR hearing, I may be able to assist you to obtain an occupational driver’s license (ODL). This is a limited-purpose license that will enable you to legally drive to and from work, school, church, the doctor, the grocery store, and other essential household functions.
Contact Board Certified Criminal Defense Attorney Russ Hunt, Jr. after a DWI arrest to see if he can help you before, during, and after your ALR hearing.