Why Your License Could Still Be Suspended Even Though Courts Are Not Active Right Now
Matt (not client’s real name) was trying to blow off some steam from the pandemic lockdown. He had a few beers at home. Sometime after the beers, Matt was sent to the store to get some milk. On the way home, he was stopped by the police. Smelling the slight odor of alcohol, Matt was asked to step out of his vehicle and do field sobriety exercises. Matt was arrested for DWI.
Before the ride to the police station, Matt was asked to provide a blood sample. Feeling like there was no alternative, Matt provided a blood sample. During the arrest process, the police officer confiscated Matt’s Texas drivers license. He was given a paper that read “Notice of Suspension Temporary Driving Permit.”
While there is a lot to unpack in this scenario, the point today is that Matt’s Texas drivers license is on the way to being suspended unless he takes action in the next 15 days.
What Is An Administrative License Revocation?
The Administrative License Revocation (ALR) Program is a civil administrative process the Texas Department of Public Safety to suspend and/or disqualify your drivers license if you are arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) when you (1) refuse to take or fail to complete a blood or breath test, (2) provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08% or more while driving a non-commercial motor vehicle, or (3) Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle. The suspension of your driving privilege under the ALR Program is unrelated to a criminal court proceeding for DWI or BWI. Time frames for these suspensions range from 6 months to life.
How Can I Keep My License From Being Suspended?
If you have been arrested for a DWI or BWI, especially during this pandemic shutdown, it’s important to know the following: YOU MUST ACT NOW!! From the moment of your arrest, a 15-day clock starts ticking. You need to request an ALR Hearing. You can request the hearing yourself, but the easiest way to request the hearing is to contact an attorney who will do it for you AND represent you at the hearing.
An ALR Hearing can be in person or by telephone. At an ALR Hearing, the defense is requesting that the State, represented by a prosecutor, present sufficient evidence to an administrative law judge that meets the burden of proof required to suspend a license. If the State meets its burden, then your license will be suspended from the date that the judge enters the order. If the state does not meet its burden, then your license will NOT be suspended at that time. It is important to note that your license could still be suspended under a plea deal or conviction for the underlying criminal offense.
Why Should I Hire an Attorney for This Process?
An experienced Dallas-Fort Worth DWI attorney like me can help you keep your license valid because they know how complicated rules can actually work in your favor. Let me use a recent example.
Before the ride to the police station, Matt was asked to provide a blood sample. Feeling like there was no alternative, Matt provided a blood sample. During the arrest process, the police officer confiscated Matt’s Texas drivers license. He was given a paper that read “Notice of Suspension Temporary Driving Permit.”
While there is a lot to unpack in this scenario, the point today is that Matt’s Texas drivers license is on the way to being suspended unless he takes action in the next 15 days.
What Is An Administrative License Revocation?
The Administrative License Revocation (ALR) Program is a civil administrative process the Texas Department of Public Safety to suspend and/or disqualify your drivers license if you are arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) when you (1) refuse to take or fail to complete a blood or breath test, (2) provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08% or more while driving a non-commercial motor vehicle, or (3) Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle. The suspension of your driving privilege under the ALR Program is unrelated to a criminal court proceeding for DWI or BWI. Time frames for these suspensions range from 6 months to life.
How Can I Keep My License From Being Suspended?
If you have been arrested for a DWI or BWI, especially during this pandemic shutdown, it’s important to know the following: YOU MUST ACT NOW!! From the moment of your arrest, a 15-day clock starts ticking. You need to request an ALR Hearing. You can request the hearing yourself, but the easiest way to request the hearing is to contact an attorney who will do it for you AND represent you at the hearing.
An ALR Hearing can be in person or by telephone. At an ALR Hearing, the defense is requesting that the State, represented by a prosecutor, present sufficient evidence to an administrative law judge that meets the burden of proof required to suspend a license. If the State meets its burden, then your license will be suspended from the date that the judge enters the order. If the state does not meet its burden, then your license will NOT be suspended at that time. It is important to note that your license could still be suspended under a plea deal or conviction for the underlying criminal offense.
Why Should I Hire an Attorney for This Process?
An experienced Dallas-Fort Worth DWI attorney like me can help you keep your license valid because they know how complicated rules can actually work in your favor. Let me use a recent example.