Conroe ALR Hearing Lawyer
Effective Legal Advocacy in Montgomery County, TX
Once you are arrested for driving while intoxicated (DWI), the officer is required to give you written notice that your license will be suspended. Generally, this is done at the scene of the arrest and read aloud to you. Once the officer gives you the written notice, you have 15 days from to request your administrative license revocation hearing (ALR hearing).
Your request must be in writing and sent to the Department of Public Safety in Austin, Texas. Conroe ALR hearing lawyer, Douglas W. Atkinson, Attorney at Law can help you manage this process and protect your ability to drive.
Occasionally, the officer will not give you the notice at the time of arrest. If you did not receive notice, either in person or by mail, you should immediately contact DPS and a Conroe DWI defense attorney to preserve your right to fight your driving privileges.
What If You Do Not Request a Hearing?
If you do not request a hearing within 15 days, you waive your right to a hearing. DPS will then suspend your Texas driver’s license 40 days after you were given written notice of the suspension.
If your license was suspended because you refused to be tested, your prosecutors must prove:
- The law enforcement officer had reasonable suspicion to stop you or probable cause to arrest you
- The law enforcement officer had probable cause that you operated a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated
- You were placed under arrest and the law enforcement officer offered you an opportunity to provide a specimen of breath or blood under the provisions of Tex. Trans. Code Ann. Ch. 724
- You refused to provide a specimen on request of the officer
If you failed a breath or blood test, your prosecutors must prove:
- You had an alcohol concentration of a level specified in Section 49.01 Texas Penal Code, while operating a motor vehicle in a public place
- The law enforcement officer had reasonable suspicion to stop you or had probable cause to arrest or take you into custody
Can You Win the ALR Hearing?
Attorney Atkinson has conducted hundreds of ALR hearings with outstanding success. As your advocate, he will carefully review the facts, the offense report, and the video tape evidence to use that evidence to fight for your license. He has had many cases thrown out by judges because the law enforcement officer did not have reasonable suspicion to stop the vehicle, or they did not establish probable cause of the driver's intoxication.
Aside from protecting your license, the ALR hearing is also important because it is recorded. The cross examination of the law enforcement officer can be very beneficial to the DWI trial. The officer is locked in to his testimony and the ALR record can be used to impeach him during the criminal trial.
Can You Appeal an ALR Decision/Suspension?
If you lose the ALR hearing, you have the right to appeal the decision within 30 days of the court’s decision becoming final, otherwise your appeal will be waived.
If you lose the ALR hearing, you can file for an Occupational Driver’s License which will give you the ability to drive during the suspension conditioned on certain requirements.
What Are the Suspension Lengths for Adult Offenders?
If you refused to provide a breath or blood specimen during a DWI arrest, you could face lengthy license suspensions.
- First offense – 180 days
- Second refusal to submit to testing or second DWI license suspension – 2 years
If you fail a chemical test, you face suspensions of:
- First offense – 90 days
- Second suspension – 1 year
Other Penalties Associated with the ALR hearing
If you drive with a suspended license, you could be charged with a class B misdemeanor, carrying a punishment of up to 180 days in jail and up to $2,000 in fines. Your license suspension will also be extended.
To drive following a license suspension, you will need to obtain an occupational license. An occupational license will involve filing fees, reinstatement fees, SR22 insurance expenses, and alcohol counseling, easily costing over $1,000. This license only allows you to drive up to 12 hours a day to drive within designated counties. If you drive outside the hours or counties, you can be arrested for DWLS.
You can only drive for legally permissible reasons, including your occupation. It is in your best interest to hire an attorney who is experienced in ALR hearings to fight a loss of your license.
Contact a Skilled DWI Attorney
If you have been charged with DWI and you have not scheduled your ALR hearing, you should move quickly to involve an experienced lawyer. A legal professional can review your case, inform you of your legal options, and represent you at your hearing in order to protect your license and prepare for your criminal case.
Contact Conroe ALR hearing lawyer Doug Atkinson today by calling (936) 681-0031 now.