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 defense 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 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 suspension, get to a San Antonio ALR defense lawyer right away in order to address this issue, or you will probably lose your license.

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 (DUI) in Texas. An ALR hearing is a separate proceeding from the criminal case and focuses specifically on the status of the driver's license.

During the ALR hearing, important factors to consider include:

The reason for the traffic stop and subsequent arrest
The results of any breath or blood alcohol tests
The officer's observations and testimony
Any previous DUI convictions or license suspensions

It's important to have a knowledgeable and experienced attorney by your side to navigate the ALR hearing process and fight for your driving privileges. The Law Offices of George A. Scharmen can provide the legal representation and guidance you need during this challenging time.

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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 he essentially can take his deposition under oath.

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.

Of course, there is also the possibility that the defendant will win the hearing, and there will be no license suspension. The Department does not win all of its cases, especially in San Antonio.

Possible Outcomes of an ALR Hearing

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

License suspension: If the hearing examiner determines that the officer had reasonable grounds for arrest and the test was properly administered, your license will be suspended.
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.
Shortened suspension: In some cases, the hearing examiner may decide that you should still face a license suspension, but the duration may be reduced.

It is possible to avoid a suspension altogether or minimize the duration of the suspension if you present a strong case at the hearing.

Winning an ALR Hearing

While the ALR hearing is an administrative process, 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:

Lack of probable cause: If the officer did not have a reasonable suspicion to pull you over in the first place, your attorney can argue that the stop was unlawful.
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.
Refusal of testing: If you refused the breath or blood test, your attorney may argue that the refusal was not properly handled or that you were not informed of the consequences.
Medical conditions: Certain medical conditions or environmental factors can affect the accuracy of breath tests, which can be used as a defense.

Your San Antonio ALR lawyer will assess the facts of your case to determine the best defense strategy and help you understand your chances of success.

After Losing an ALR Hearing

If the defendant loses the hearing, the following suspensions will be authorized by the administrative judge:

Minor (under 21): 60 Days
Adult – Failed Test: 90 Days
Adult – Refused: 180 Days
Adult – DWI 2nd: 1-2 Years
Adult – Felony: 2 Years

Remember:

The Texas Department of Public Safety is a very large bureaucracy, and it has internal personnel rules and regulations based upon its interpretations of the existing laws. Additionally, the people in the organization make mistakes called “clerical errors” that can affect a driver’s license. Therefore, it is impossible to predict the Department’s behavior, and the ALR and occupational licenses are the only “legal” remedies.

The Department has strict rules interpreting occupational licenses. A good DWI lawyer will know a lot about handling these issues, and he may be able to reverse some of the clerical errors.

Contact Us to Protect Your Rights

An ALR hearing is an important legal matter that can significantly impact your ability to drive. If you are facing an ALR or license suspension in Texas, working with an attorney can give you the best chance of avoiding or minimizing the consequences.

The process can be complex, but with the right legal representation, you can ensure that your rights are protected and that you are given a fair opportunity to present your case.

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

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