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Administrative License
Revocation Hearing (ALR)
Overview
ALR went into effect on January 1, 1995.
This program is the administrative process
by which the Department suspends the driver
licenses of individuals who are arrested for
the offense of driving while intoxicated
(DWI). Specifically, an individual may be
suspended if he/she either refused to submit
to a chemical test or provided a specimen
with an alcohol concentration of 0.08 or
greater. The DPS is also authorized to
suspend the driver licenses of minors who
commit the offense of driving under the
influence (DUI).
The Texas Legislature recently enhanced the
program by amending the governing statutes
to require that the arresting officer
confiscate the offender's Texas driver
license upon service of a Notice of
Suspension and issue a 40-day temporary
permit. In addition, the amendments provided
for increased suspension periods, as well as
a suspension for individuals who refuse to
provide a specimen following an arrest for
the offense of boating while intoxicated
(BWI).
Hearing Procedures
The ALR hearing is conducted at a location
designated by State Office of Administrative
Hearings (SOAH) in either the county of
arrest (if the arrest occurred in a county
with a population in excess of 300,000) or
within 75 miles of the county seat of the
county of arrest. Alternatively, both
parties may agree to hold the hearing by
teleconference, however we believe that it
is in the best interest of our client to
have an in-person hearing. The hearing is
conducted by an Administrative Law Judge
(ALJ) employed by SOAH and the DPS has the
burden of proof by a preponderance of the
evidence. If the judge makes an affirmative
finding on all the relevant issues, the
license is suspended. An individual whose
license has been suspended following an
administrative hearing may appeal the
decision rendered by the ALJ. The petition
must be filed within thirty days of the
decision in the county court in the county
of arrest. A properly filed appeal petition
stays the suspension for first offenders for
up to ninety days.
The Gilbert G. Garcia Law Office ALR/DWI
Procedures
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We send notice to the DPS requesting a
hearing within 15 days of the date of
your arrest.
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DPS sets the case for hearing, we notify
you and we calendar the hearing date.
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We send DPS a Request for Production
requesting a copy of the police officer
sworn report, the breath test and or
blood test (if one exists) and the DPS
paperwork for the ALR hearing.
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Normally, DPS sends us copies of the DIC
22,24 and 25 as well as the other DPS
paperwork regarding the hearing.
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After we receive the video from the DA
office and the police reports, you then
come in for an appointment. We then
review the facts, discuss your options
and listen to your direction regarding
the disposition of the case.
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We review the file, research the law and
prepare for the hearing.
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We attend the hearing, representing your
interests. You may attend the hearing or
not, it is based on your schedule and
desire.
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Generally, in about 5 - 8 business days,
we receive the notice from the DPS
regarding the decision of the Judge and
notify you of the outcome.
Periods of ALR Suspension
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ADULT: REFUSAL of the TEST |
180 days |
First offense |
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2 years
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If previously suspended for failing
or refusing a specimen test or
previously suspended for a DWI,
Intoxication Assault or Intoxication
Manslaughter conviction during the
10 years preceding the date of
arrest |
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ADULT: PROVIDED a TEST and FAILED |
90 days |
First offense |
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1 year |
If previously suspended for failing
or refusing a specimen test or
previously suspended for a DWI,
Intoxication Assault or Intoxication
Manslaughter conviction during the
10 years preceding the date of
arrest |
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MINOR: REFUSAL of the TEST |
180 days |
First offense |
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2 years |
If previously suspended for failing
or refusing a specimen test or
previously suspended for a DWI,
Intoxication Assault or Intoxication
Manslaughter conviction during the
10 years preceding the date of
arrest |
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MINOR: PROVIDED a TEST and FAILED |
60 days |
First offense |
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120 days |
If previously convicted of an
offense under Section 106.041,
Alcoholic Beverage Code or Sections
49.04, 49.07, or 49.08 Penal Code,
involving the operation of a motor
vehicle |
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180 days |
If previously convicted twice or
more of an offense under Section
106.041, Alcoholic Beverage Code or
Sections 49.04, 49.07, or 49.08
Penal Code, involving the operation
of a motor vehicle |
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