At the Law Offices of Richard C. McConathy, we understand the importance of contesting the Administrative License Revocation (ALR) by demanding a review hearing for any cases in Collin County, TX.
The hearing allows our attorneys to subpoena the officer who made the stop, the arresting officer, and other critical witnesses. That testimony can later be used to impeach those witnesses at trial for making a prior inconsistent statement.
In many ways, winning the ALR hearing is just as important as winning the criminal case. The administrative suspension is a civil finding on your record that you were DWI. Act quickly after the arrest because you only have 15 days to find an attorney to file a formal demand for an ALR hearing.
Administrative License Revocation Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you were arrested for DWI by an officer with the Collin County Sheriff’s Office, the Plano Police Department, the Frisco Police Department, the Allen Police Department, or the Wylie Police Department then contact an attorney with the Law Offices of Richard C. McConathy.
What is the ALR?
A DWI arrest will automatically trigger an Administrative License Revocation (ALR). The ALR is a separate civil and administrative process that is completely separate from the criminal court proceeding.
The suspension is based on the driver’s breath or blood test reading is over .08 or the driver refuses chemical testing. See Tex. Penal Code Ann. § 49.01 and Tex. Transp. Code Ann. § 524.012(b)(1).
The suspension periods depend on the type of DWI charge. Following the DWI arrest, the suspension might be for a period of 90 days to 2 years. Individuals with a commercial driver’s license will receive an automatic one-year suspension if they refuse or fail the test. The individual is considered to have failed the test if he or she returns a breath or blood test reading of .08 or above.
The Process for the Administrative License Revocation
Before an administrative license revocation can occur, several steps must be strictly followed:
- the law enforcement officer has probable cause to believe a driver is impaired;
- the driver is arrested for DWI;
- the driver is asked to take a breath or blood test to measure his/her blood alcohol concentration (BAC) level;
- if the driver refuses, then he or she is served a notice that his or her driver’s license will be suspended if he or she refuses to take or fails the breath or blood test.
- The individual then has 15 days from the date the suspension notice is served to request a hearing to contest the administrative suspension.
- If a hearing is not requested, then the suspension goes into effect on the 40th day after the notice was served.
- The law enforcement officer will seize the individual’s driver’s license and issue a temporary driving permit.
- A $125 reinstatement fee is required prior to the renewal or issuance of a driver’s license.
The DWI Administrative License Revocation (ALR) Hearing
If the individual (or the individual’s attorney) properly demands a hearing within 15 days, then the DPS will schedule the hearing within 120 days. If the demand is not received, if it is received after the 15-day deadline, or if it is otherwise insufficient then the demand for a hearing will be denied.
The State Office of Administrative Hearings
The DWI Administrative License Revocation (ALR) Hearings are conducted by the State Office of Administrative Hearings (SOAH). An Administrative Law Judge (ALJ) will listen to the evidence and issue a final order.
The legislature has authorized the SOAH to promulgate rules governing these hearings. See id. § 524.002(a).
The driver can serve subpoenas to secure witnesses or exhibits. At the hearing, the driver can question witnesses, introduce exhibits, and question witnesses. Based on the evidence admitted in the hearing, the administrative law judge (ALJ) will either uphold or invalidate the suspension of the driver’s license.
If the ALJ finds that DPS has proven its case, the ALJ’s order will authorize a suspension of the individual’s driver’s license. If the ALJ finds that DPS has not proven its case, the individual’s driver’s license will not be suspended.
If the suspension is upheld, the driver can take the case upon appeal to the county appellate court (also known as the “county court at law”). If the suspension is upheld at the county appellate court level the driver can appeal to a higher court in some circumstances.
Finding A Collin County Attorney for an ALR Hearing | Law Offices of Richard C. McConathy
If you wish to contact the administrative suspension of your license during a DWI Administrative License Revocation (ALR) Hearing in Collin County, TX, then act quickly. Contact the Law Offices of Richard C. McConathy at (469) 304-3422 for a free consultation.