You unexpectedly get a late-night phone call. After answering, you hear your loved one’s voice, which is tight with worry as they tell you the police arrested them for a DWI. Suddenly, their driver’s license and your family’s daily routine hang in the balance. It’s a confusing and stressful situation, and figuring out what to do next can feel overwhelming. Alternatively, perhaps you are facing a DWI and the related license suspension.
You need clear, helpful information about what an ALR hearing in Texas involves and how to approach it.
This guide explains the ALR hearing clearly and compassionately, outlining timelines, procedures, and how legal representation from an experienced Texas DWI lawyer can help protect your driving privileges.
Please fill out our online form or call (210) 455-1000 today for a free consultation.
Understanding The ALR Hearing In Texas
In Texas, an administrative license revocation (ALR) hearing is a civil administrative proceeding separate from your criminal DWI case. It specifically concerns whether your license should be suspended due to the refusal to take a chemical test or taking the test and getting a blood alcohol concentration (BAC) result over the legal limit.
The Texas Department of Public Safety (DPS) initiates the ALR process, which can result in the suspension of your driving privileges unless you successfully challenge it.
You have a short time from the arrest date to request an ALR hearing. If you miss this deadline, your driver’s license will automatically be suspended.
ALR Hearing Schedule: What’s The Timeline?
Knowing the typical timeline helps manage expectations and preparation:
- Requesting the hearing. You must file a formal request for the hearing within 15 days of your arrest.
- Notification of hearing. Once requested, Texas DPS will notify you of your scheduled ALR hearing, generally within 120 days.
- Hearing itself. The State Office of Administrative Hearings (SOAH) is the agency responsible for managing administrative disputes and for conducting the hearing. These hearings typically last around an hour.
- Decision issuance. The Administrative Law Judge (ALJ) typically issues a decision within two weeks of the hearing.
Prompt action is vital since missing deadlines will lead to automatic license suspension.
Requesting Your ALR Hearing
One of the first critical steps is to request a hearing within 15 days of your arrest. Missing this deadline means an automatic license suspension.
When requesting your ALR hearing:
- Act quickly because requests must be made within 15 days from the date of arrest;
- Include key details such as your full name, driver’s license number, arrest date, and arresting agency;
- Submit your request by mail, fax, or online through the Texas DPS website; and
- Keep proof of submission, as errors or delays could impact your case.
Promptly submitting your ALR hearing request ensures you retain the chance to fight your license suspension effectively.
What To Expect At The ALR Hearing
Your ALR hearing is a formal legal process, but it is less intimidating than the criminal process.
It involves:
- Presentation of evidence from the arresting officer,
- Opportunities for you or your attorney to ask the officer questions,
- Submission of relevant evidence on your behalf, and
- Arguments for why your license shouldn’t be suspended.
Preparation significantly increases your chances of a favorable outcome, making experienced legal support invaluable.
Common Texas ALR Hearing Questions
Many clients find that understanding what questions the judge might ask at the hearing greatly reduces their anxiety, making the ALR hearing less intimidating.
Questions typically cover:
- Circumstances of the traffic stop and arrest,
- Procedures followed by the arresting officer,
- Reasons given for refusal or failure of BAC testing, and
- Evidence presented regarding intoxication.
An attorney can thoroughly prepare you for these questions, increasing your comfort and confidence during the hearing. Being informed in advance prevents unnecessary stress and helps you present your case clearly and confidently.
How A Defense Attorney Can Help At Every Stage
An experienced lawyer provides crucial support throughout the ALR hearing process:
- ALR hearing request. Attorneys ensure that your request is filed timely and accurately. This helps to prevent an automatic suspension.
- Gathering evidence. Your lawyer will obtain police reports and witness statements to strengthen your position.
- Representation at the hearing. They skillfully question witnesses and present compelling evidence and arguments on your behalf.
- Appealing adverse decisions. If necessary, your lawyer can guide you through appeals to challenge an unfavorable ruling.
Professional representation significantly boosts your chances of retaining your driving privileges.
The ALR Reinstatement Fee
If your license does get suspended, you’ll be required to pay an ALR reinstatement fee to restore your driving privileges. The reinstatement fee typically ranges from $125 to $200, based on your circumstances and prior offenses.
Why Choose Fowlks Law Firm For Your ALR Hearing
Dealing with a suspended license can feel like a punch to the gut, but there’s support. Justin Fowlks understands the real-world impact of losing your driving privileges. He’s helped many Texans in similar situations, often preventing license suspensions altogether or significantly shortening them. With a deep grasp of Texas ALR laws and a commitment to truly understanding your situation, Justin offers the focused support you need to protect your ability to drive and keep your life on track.
Don’t Face An ALR Hearing Alone. We Help Protect Your Driving Privileges
Losing your driving privileges can throw your life into chaos. Getting to work, taking care of family, and many other day-to-day needs can become far more difficult. At Fowlks Law Firm, we understand the hurdles you are encountering. We’re here to walk alongside you through this ALR hearing process, fighting hard to protect your ability to drive.
Give us a call at (210) 455-1000 or send us an online message today for a free consultation.
Frequently Asked Questions
How Long Does A License Suspension Last After An ALR Hearing?
License suspensions can vary from 90 days to two years, depending on whether it’s your first offense or if you have previous alcohol-related incidents.
What If I Miss The 15-day Deadline For Requesting An ALR Hearing?
If you miss this deadline, your license suspension will automatically take effect. Immediately consult a lawyer for possible alternatives.
Can I Drive While Awaiting My ALR Hearing?
Yes, if you’ve requested an ALR hearing in a timely manner, you may legally drive until a decision is made regarding your license suspension. This period can give you valuable time to manage personal and professional obligations.
What Happens If I Miss My ALR Hearing?
Missing your ALR hearing automatically suspends your driver’s license, highlighting the importance of attending or having legal representation.
Can I Appeal An ALR Hearing Decision?
Yes, unfavorable ALR decisions can be appealed within 30 days to a county court, allowing for another review of your license suspension case.
Is The ALR Hearing Outcome Connected To My Criminal DWI Case?
The ALR hearing is separate and independent from your criminal DWI charges. Although separate, findings from the ALR hearing can occasionally impact aspects of your criminal case.
Resources:
- Driver’s License Hearings. State Office of Administrative Hearings (SOAH), link.
- Driver License Reinstatement Fees. Texas Department of Public Safety (DPS), link.
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
