If you love traveling and exploring new places, you probably know how important it is to have a valid Texas driver’s license. Driving gives you the freedom and flexibility to go wherever you want, whenever you want. But if you get arrested for driving while intoxicated (DWI) in Texas, your ability to legally drive on Texas roads is in jeopardy!
In this blog post, we will explain the ALR process after a DWI arrest in Texas and why it is important for you to understand it. We will also give you some tips on how to protect your rights and avoid losing your license. If you need help with your case, contact a McKinney License Suspension Attorney or a McKinney DWI Lawyer for assistance.
What is the Texas ALR Process?
The Administrative License Revocation (ALR) Program is a civil, administrative process that requires the Texas Department of Public Safety (DPS) to suspend and/or disqualify your driver’s license if you are arrested for DWI when you refuse to take or fail a blood or breath test.
The ALR program is separate from the criminal court proceedings for DWI. This means that even if you are not convicted of DWI or BWI in court, you can still lose your license through the ALR program. The ALR program also applies to drivers who are under 21 years old and have any detectable amount of alcohol in their system.
The ALR program was created by the Texas Legislature in 1993 to provide an efficient and fair process for suspending the driver’s licenses of individuals who choose to drive on Texas highways while intoxicated. The purpose of the ALR program is to deter drunk driving and enhance public safety by removing dangerous drivers from the road.
ALR Process after an Arrest
If a law enforcement officer has reasonable suspicion or probable cause to believe you are impaired by alcohol or drugs, they will ask you to perform a series of roadside tests known as standard field sobriety tests. These tests were created to measure your balance, coordination, and mental alertness. If you fail these tests, you will be arrested for DWI or BWI.
At the time of the arrest, the officer will request that you give consent a breath or blood test to measure your blood alcohol concentration (BAC) level. You have a right to refuse to the taking of this test, but there are consequences.
Refusal
If you refuse to take the test, your driver's license will be suspended for 180 days for the first offense and two years for any subsequent offense within 10 years.
The officer will confiscate your driver's license and give you a DIC-25 Notice of Suspension/Temporary Driving Permit. This document serves as a temporary driver's license that expires 40 days after the date of the arrest. It also outlines the steps to request a hearing to contest your driver's license suspension and/or disqualification.
15 Days to Request a Hearing if You Do Not Give Consent to the Test
You have 15 days from the date the notice is served (usually the date of arrest) to request a hearing with DPS to challenge your driver’s license suspension. This is a strict deadline, and if you do not request a hearing within this time frame, your driver's license suspension will go into effect on the 40th day after you were served notice.
Consent
If you consent to take a breath test and your BrAC level is 0.08% or higher, your driver's license will be suspended for 90 days for the first offense and one year for any subsequent offense within 10 years.
If you consented to a blood test, you will keep your driver's license until DPS receives the results from the laboratory. If the results indicate that your BAC level was above the legal limit, DPS will mail you a Notice of Suspension/Temporary Driving Permit.
You will have 20 days from the date this notice is mailed to request a hearing with DPS to challenge your driver's license suspension and/or disqualification. If you do not request a hearing within this time frame, your driver's license suspension and/or disqualification will go into effect on the 40th day after it is presumed that you received this notice.
How to Request an ALR Hearing
You can request a hearing online, by mail, by phone, or by fax. To request a hearing online, visit the DPS website and fill out the online form.
After a timely request for a hearing is received by DPS, a notice of hearing is sent with the date, time, and location of your hearing. If your request is late or incomplete, DPS will deny your request, and your suspension or disqualification will go into effect on the 40th day after you were served notice.
Requesting an ALR hearing is an important step to protect your driving privileges after a DWI arrest in Texas. However, it can be a complex and challenging process that requires legal knowledge and skills. That’s why you need an experienced DWI lawyer to help you with your case.
At NO Law Firm, we have the experience to handle all aspects of your ALR case. We will help you request a hearing, prepare for it, and represent you at the hearing. We will work hard to protect your rights and fight for your best interests. Contact us today for a free consultation, and let us help you get back on the road.
Conclusion
The ALR process after a DWI arrest in Texas is a serious matter that can affect your driving privileges and your travel plans. It is important for you to understand how this process works and what steps you need to take to protect your rights and avoid losing your license.
If you have been arrested for DWI in Collin County, TX, you should seek legal counsel as soon as possible. An experienced McKinney License Suspension Attorney can help you request an ALR hearing with DPS, prepare a strong defense for the ALR hearing, and represent you in court for your criminal case. An attorney can also advise you on alternative options for restoring your driving privileges, such as obtaining an occupational driver’s license (ODL) or installing an ignition interlock device (IID) on your vehicle.
Don’t let a DWI arrest ruin your travel plans or your future. Contact us today for a free consultation, and let us help you fight for your rights and your license.