When you are arrested on a driving while intoxicated (DWI) charge in the Dallas-Fort Worth area or anywhere throughout Texas for that matter, you become the subject of two separate processes:
- the criminal system; and
- the administrative system.
The administrative process refers to the Administrative License Revocation (ALR) hearing. This process addresses your driver's license. When you obtain a driver's license, you implicitly consent to the rules of the road. When you fail to uphold certain rules of the road, like driving while illegally intoxicated, the Department of Public Safety (DPS) wants to suspend your driving privileges. This process is completely separate from the criminal process, and what happens in the criminal process has no impact on the administrative process, and vice versa.
If you have been arrested for a DWI or related charge in Texas, then your driving privileges can be suspended or revoked. A DWI attorney can help you defend against the suspension of your driving privileges via the administrative process. In fact, by doing so, this can give your attorney a head start on the criminal process. Carl Ceder knows how to defend your driving privileges and knows how to use the ALR hearing to your advantage. Contact his office today to schedule a consultation to learn more.
What is the ALR Process?
When you either refuse to take a breath test or fail a breath or blood test, the arresting officer will take your physical driver's license. In its place, you are given a temporary driving permit, known as form DIC-25. Along with the DIC-25, you are given a statutory warning, known as form DIC-24.
The temporary driving permit acts as a driver's license in lieu of your confiscated one. It is valid for 40 days, in which time the suspension of your driver's license kicks in unless you requested an ALR hearing. If you requested a hearing, the temporary driving permit remains in effect until the administrative law judge issues a decision.
The statutory warning is a warning about the consequences and what it means to refuse to provide a breath test so that your blood alcohol content (BAC) can be assessed. Part of that warning is to notify you what the suspension periods are under various circumstances and that:
- if you refuse to give a sample, your license will automatically be suspended for 180 days;
- if you refuse, the police can request a warrant for a blood sample;
- your refusal can be used as evidence against you in court; and
- if you are a commercial vehicle driver and your BAC is .08 or higher or you refused a breath sample, your CDL will be revoked.
The statutory warning also advises you that you have 15 days to request an ALR hearing if you want to contest the suspension of your driver's license. If an officer requested a blood test instead of a breath test, however, and you consented, you have 20 days to request a hearing. Plus, you can keep your driver's license until the blood test results are sent to the Department of Public Safety.
Once you request an ALR hearing within the 15- or 20-day period, a hearing date is set. You can request the hearing online or through your attorney.
The administrative process isn't as lengthy as the criminal process. The ALR hearing is set within three months. At the ALR hearing, you have your first opportunity to discover what evidence the State of Texas may have against you. If you hired an attorney to represent you, your attorney can lock in the police officer's testimony about what happens and hold him or her accountable at your criminal trial.
During the ALR hearing, the State and your defense team will provide opening arguments and witness testimony alongside other evidence. At the end of the hearing, the judge will deliberate. If the judge favors you, you can keep your driver's license, but you will have to complete a form and pay a reinstatement fee of $125. If the decision is not in your favor, your driving privileges will be suspended. You can request (and should request) an occupational license.
An occupational license doesn't mean you have a driver's license. It simply means you can drive to certain places while your driving privileges are suspended. For example, with an occupational license, you can drive to work, drive your kids to school, go to doctor appointments, etc. But there are strict limitations and you will be monitored.
Further, if you do not win the ALR hearing, you can appeal it. There are, unfortunately, limited arguments that can be addressed in an appeal. So, an appeal isn't feasible for everyone but could be in your case.
What are the Suspension Periods?
The duration of your driver's license suspension is dependent on the circumstances of the arrest (refusal and any prior DWI or related offenses) and your age (minors versus adults aged 21 or older). The below chart identifies the suspension period correlating to the facts and circumstances of your DWI arrest.
|
Age |
Refusal |
Prior Offenses |
Suspension |
|
21 or older |
Yes |
First Offense |
180 days |
|
21 or older |
Yes |
Second or Subsequent |
2 years |
|
21 or older |
No |
First Offense |
90 days |
|
21 or older |
No |
Second or Subsequent |
1 year |
|
under 21 |
Yes |
First Offense |
180 days |
|
under 21 |
Yes |
Second or Subsequent |
2 years |
|
under 21 |
No |
First Offense |
60 days |
|
under 21 |
No |
Second Offense |
120 days |
|
under 21 |
No |
Third or Subsequent |
180 days |
Why Should You Contest an Administrative License Suspension in Dallas-Fort Worth?
You should always contest an administrative license suspension in Dallas or Fort Worth, Texas. You may not win the hearing and may not get to keep your driver's license, but you still obtain valuable benefits. In sum, these benefits include:
- You can request an occupational license.
- You can learn all about the evidence the State may have against you.
- You can lock in witness testimony for purposes of the criminal trial.
- Your attorney can begin developing a strong, viable DWI defense strategy.
Aggressive DWI Defense Attorney Representing Dallas-Fort Worth TX
Your DWI case can turn on the small things. A DWI defense attorney with experience and skills knows how to use an ALR hearing to benefit your driving privileges as well as to benefit your DWI criminal case. Contact Carl Ceder, an aggressive and resourceful DWI defense attorney with an office located in Plano, Texas, but representing clients throughout the Dallas and Fort Worth, Texas, area.
