What Does ALR Suspension Failure Mean?
Whether you failed a breath or blood test or refused to take one, your driver’s license will be automatically suspended your driver’s license for a minimum of 90 days up to a maximum of two years. YOU CAN FIGHT BACK! You have 15 days from the date of your DWI arrest to request an administrative license revocation (ALR) hearing to contest the suspension! Requesting a hearing suspends the driver’s license suspension until the 41st day after the Department of Public Safety (DPS) receives your request.
GET YOUR DRIVING PRIVILEGES BACK! James Aulbaugh, your Dallas ALR hearing attorney, can guide you through the ALR process and protect your rights and future. Having the ability to drive is important, which why the Aulbaugh Law Firm is committed to getting you back on the road as soon as possible.
As a former Chief Felony Prosecutor and Board Certified Criminal Law Specialist, James Aulbaugh is ready to assist you with your case. Call Today: 214-500-0430.
What Happens at an ALR Hearing in Texas?
An ALR hearing begins with an administrative law judge looking at the evidence from your DWI arrest. The Judge then determines whether your driver’s license should be revoked or not. Remember, this hearing is separate from your criminal court hearing.
The state will provide its evidence to prove your driver’s license should remain suspended. You and your attorney have the chance to provide your own evidence to contest the suspension.
If you failed a breath or blood test, DPS must prove the following:
- The arresting officer had reasonable suspicion to pull you over.
- The arresting officer had probable cause to arrest you for driving while intoxicated.
- Your breath of blood test was a .08 (BAC) or higher.
If you refused to take a breath or blood test, the DPS must prove the following:
- The arresting officer had reasonable suspicion to pull you over.
- The arresting officer had probable cause to arrest you for driving while intoxicated.
- The arresting officer correctly requested you to take a breath or blood test.
- You refused to take a breath or blood test.
If you and your attorney are able to prove the arresting officer failed to establish reasonable suspicion or probable cause to make an arrest, your arrest would be unlawful! This may result in any evidence of intoxicated collected at the scene could be thrown out of court. ALR hearings are not a criminal hearing; you won’t have the chance to ask the court to appoint you a lawyer. This is why you should call James Aulbaugh at the Aulbaugh Law Firm to ensure your rights are protected. Call 214-500-0430.
