ALR/License Suspensions

What is an ALR hearing?

An Administrative License Revocation hearing (ALR) is a process by which a person who refused or failed a breath or blood test during a DWI investigation can contest their license suspension. An ALR hearing is a civil process, not a criminal hearing.

Call The Law Offices of George A. Scharmen today at (210) 405-9730 or reach out online for an aggressive defense of your rights in San Antonio, TX!

The Role of a dwi Lawyer in the ALR Process

First, you have 15 days from the date of arrest or hospital contact with the police officer to request the hearing. If you or your lawyer do not request it, your license will be suspended on the 40th day after arrest. Even if the officer does not discuss it with you or if you get no paperwork regarding a suspension, which is common, you need to request an ALR anyway. That way you preserve your right to a hearing. If they do not have an ALR pending they will send you notice of that. If one comes up in the future, your right to an ALR is protected and you will get notice of a suspension and a hearing date. 

The ALR hearing and the procedures surrounding it are set out in the State and federal case law, the Texas Transportation Code, the Texas Administrative Code, and the Rules of practice before the State Office of Administrative Hearings (SOAH). SOAH hires lawyers as administrative judges to hear administrative disputes in civil as opposed to criminal proceedings. 

In the ALR context the hearings, even though the Department of Public Safety hires and provides “prosecutors” for them, are civil proceedings dealing with the license suspension issues arising in the course of DWI arrests. These are very technical hearings. Your education level is irrelevant here, and unless you practice DWI law regularly you will not understand these hearings! The laws and procedures change randomly based upon court cases and alterations in administrative laws. Even experienced lawyers must strive to keep up with these changes. You need an experienced DWI lawyer in San Antonio to help you.

Many states such as Texas have “implied consent” laws, meaning that when you obtain a driver’s license you contractually agree to provide a specimen of breath or blood at an officer’s request when that request is made according to the laws set out above. If the Department’s prosecutors can prove that the arrestee refused or failed a breath test or blood test when properly requested and after a legal arrest, the administrative judge will authorize the Department to suspend the license for the statutory period.

Understanding the ALR Hearing Process

ALR stands for Administrative License Revocation, and it is a legal process that occurs when a person is arrested for driving under the influence (DWI) in Texas. An ALR hearing is a separate proceeding from the criminal case and focuses specifically on the status of the driver's license. So after a DWI arrest you have TWO pending cases, the criminal DWI case and the civil ALR hearing. 

During the ALR hearing, important factors the judge considers include:

• The reason for the traffic stop and subsequent arrest (probable cause)
• The results of any breath or blood alcohol tests (Any alcohol for a DUI and above a .08 for a DWI)
• The officer's observations and testimony (we subpoena the officer)
• Any previous DUI convictions or license suspensions (to enhance the suspension period)

You normally DO NOT attend these hearings. BUT it is important to have a knowledgeable and experienced DWI attorney to appear on your behalf. 

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Why ALR Hearings?

These hearings are important for other reasons as well. The defendant has the right to subpoena the police officer to the hearing, and you  essentially can take his deposition under oath before the District Attorney (DA) has spoken with him about your case. Additionally, if the officer DOES NOT appear a dismissal is entered and there is no suspension. 

It is more than a discovery proceeding because by the time this hearing is held the Department must provide copies of all the paperwork supporting the DWI arrest. This is information that is also in the District Attorney’s file in the criminal case, which they may or may not have released to you by then.

Possible Outcomes of an ALR Hearing

The outcome of your ALR hearing can vary depending on the facts and evidence presented. Possible outcomes include:

1. License suspension: If the ALR Judge determines that the officer had reasonable suspicion for arrest and the test (blood or breath) was properly administered, your license will be suspended.
2. Dismissal: If there are procedural errors or insufficient evidence to support a license suspension, the hearing examiner may dismiss the case and allow you to retain your license.

Winning an ALR Hearing

While the ALR hearing is an administrative process, a civil process, meaning the burden on the Department of Public Safety (DPS) is low, it is possible to win the hearing and avoid a license suspension altogether. However, to succeed in an ALR hearing, you must demonstrate that there were flaws in the way the arresting officer handled your case or that there is insufficient evidence to support a license suspension. 

Possible defenses may include:

1. Lack of probable cause: If the officer did not have a reasonable suspicion to pull you over in the first place (such as no traffic offense was committed) we can argue that the stop was unlawful.
2. Improper testing procedures: Breath and blood tests must be conducted properly, and if the officer did not follow established protocols, this could be grounds for dismissal.
3. Refusal of testing: If you refused the breath or blood test (it must be informed and voluntary) we can argue that the refusal was not properly handled or that you were not informed of the consequences. (DIC-24)
4. Medical conditions: Certain medical conditions or environmental factors can affect the accuracy of breath tests, which can be used as a defense.

George Scharmen, ALR lawyer will assess the facts of your case to determine the best defense strategy and help you understand your chances of success.