If you are arrested for DWI in the state of Texas, it is a very serious crime. Not only will you face criminal charges for driving while intoxicated, but you will also have to defend yourself in civil court at an ALR hearing. An ALR hearing is where the Department of Public Safety determines whether you can maintain your license. Once you are arrested for DWI, you will automatically have your license suspended. It will remain suspended unless you can win your ALR suspension case. The length of time for suspension differs depending on whether it is your first suspension or second, and whether you refused or failed the chemical test.
What Is an ALR Suspension?
When you either fail a breathalyzer or chemical test, or you refuse to take one, your license will automatically be suspended. Once you are arrested, you will have 15 days post-arrest to file for an ALR hearing to defend against having your license suspended. At the ALR hearing, you could face losing your license for 90 days to up to two years. Judges tend to be more lenient on first offenders than if it is your second DWI arrest. If you refuse to take a breathalyzer test or you fail it, you face the same consequences at the ALR hearing.
What Happens at an ALR Hearing?
If you request an ALR hearing, you will be notified of your court date via mail. At the hearing, both you and the other parties involved in the arrest will present cases. Then, the administrative judge will decide if there is enough evidence to suspend your license. If you already have one arrest for DWI on your record, you are more likely to face a heftier suspension than if it is your first arrest for DWI. But in both cases, you can improve your chances of winning your case by hiring legal representation for the ALR hearing.
Why You Need Representation
The ALR hearing is not based on your criminal case at all. Regardless of whether your case is dismissed or not, it is still possible to have your license suspended. If the administrative judge feels that it is warranted, they will uphold the suspension. So, to make sure that you don’t have your license suspended, you should have a lawyer to represent you. They should be present for both your ALR hearing and your criminal case.
If you are arrested for DWI in the state of Texas, you face two different court cases, criminal and civil. If you have a DWI on your record already, it is critical for you to have someone to represent you. You should have someone on your side to retain your license and to win your ALR hearing case. If you have been arrested for DWI, contact Stephen T. Bowling to discuss how best to protect yourself from the consequences.