ALR’s (Administrative License Revocations).
When stopped for a DWI, you can take a breath/blood test, or refuse it.
If you fail the test, you face a 90 day suspended license. If you refuse the test the suspended license is 180 days.
If your license is suspended, you have the right to request a hearing to contest the suspension. This request for a hearing must be within 15 days of the time you received notice of the suspension.
If you intend to fight your DWI, you should consult with an attorney regarding whether you should request the ALR hearing. It can be a good opportunity to see what the State’s evidence is against you, while getting the officer’s testimony under oath
Failure ALR Hearings:
A hearing on a “failure” of a test is done to
1) determine reasonable suspicion for a stop, and probable cause for an arrest, and
2) to see if the person tested 0.08 or higher while driving in a public place.
Refusal ALR Hearings:
A hearing for a “refusal” of a test is done to
1) see if there was reasonable suspicion to stop, and probable cause to arrest,
2) if there was probable cause to think the person was driving intoxicated in a public place,
3) if the Defendant was arrested and actually asked to take a breath/blood/urine specimen, and
4) if there was an actual refusal to take the test by the Defendant
Even if you have missed your time deadlines for your suspended license, you still may be able to get an Occupational License. Contact our office to determine if you qualify for an occupational license while you have a suspended license. Even if your license is suspended, the State of Texas allows you to ask a court for permission to drive to and from work, and in the performance of essential household duties. You must qualify though, call us today to see if we can help.