In Texas, law enforcement takes driving while intoxicated very seriously, as does the court system. It is one of the harshest states on people convicted of DWI, with those who are arrested facing losing their license. If you are arrested under suspicion of DWI, it is important to understand the difference between a Texas ALR license suspension and a Texas DWI conviction?
What Is an ALR License Suspension?
In Texas, there is something called the Administrative License Revocation Program. It is a process that is carried out in civil court. It is entirely unrelated to your criminal court charges for DWI. The ALR process is applied to anyone who is arrested for DWI who either fails a blood chemical or breathalyzer test. If you refuse to take a breathalyzer test, due to the ALR, it is possible to lose your license for ninety days to two years. Drivers who refuse to take the test are also automatically disqualified from carrying a commercial license for one year.
How Do I Fight an ALR License Suspension?
If you want to fight against having your license suspended, you have to request a hearing upon arrest. You have up to fifteen days post-arrest to submit a request. Once submitted, the court will send you a notification of your hearing date via mail. If you do not request a hearing within the fifteen days, your request will automatically be denied.
What Happens During an ALR Hearing?
When you attend the hearing, the Administrative Law Judge will listen to the parties in the case. He will then make a ruling about the suspension of your license. If the judge finds just cause, he will rule to have your license suspended. If he does not find a case against you, then you will not face license suspension.
Can My License Be Suspended Even if My Case Is Dismissed?
Since the ALR license suspension is not tied to criminal conviction, you can have the DWI case against you thrown out and still have your license revoked. Even if you are found not guilty of DWI, your license can be suspended if the Administrative Law Judge saw just cause to suspend it. In the same respect, if you do not request an ALR hearing and your license is suspended, it will be suspended regardless of the outcome of your DWI criminal case.
Even if you are not criminally convicted of DWI, you could face an ALR license suspension. If you do request to have an ALR hearing, it is critical that someone represents you in court. After requesting a hearing, contact the professionals at Stephen T. Bowling to discuss the best course of action to defend you both civilly and criminally.