The Law Offices Of Roderick C. White

Not only does a DWI arrest result in a criminal charge, it also initiates a civil proceeding against the arrested motorist's driving privileges called an administrative license revocation, or ALR. An ALR suspension is initiated against an arrested driver when he or she either refuses to submit to breath or blood testing, or fails a breath or blood test. This results from the Texas implied consent statute. This law essentially states that any person who operates a motor vehicle on Texas roadways has impliedly consented to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit.

Notice of ALR Suspension

When making an arrest for DWI, officers are required to take possession of any driver's license issued by the state of Texas held by the person arrested and issue the person a temporary driving permit that expires in forty-one days. However, a proper request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place. An ALR suspension is automatically occurs unless you request a hearing to challenge the suspension. You (or your attorney) must make this request in writing within fifteen days after receiving notice of suspension. If a hearing is not timely requested, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action can be taken regarding suspension until after the hearing has taken place.

The ALR Hearing

Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following by a preponderance of the evidence:

That there was reasonable suspicion to stop or probable cause to arrest the driver,
That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated,
That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND
That the driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.

In addition to protecting your driving privileges, there is another equally important reason to request an ALR hearing. An ALR hearing helps to better defend you against the DWI charge later in court. First, with the assistance of a knowledgeable and skilled defense attorney you may be able to avoid a suspension of their driving privileges. Secondly, the ALR hearing provides your attorney with an opportunity to use the ALR hearing to learn more about how to best defend your DWI charge. The information obtained at the ALR hearing is very valuable to your defense and is often the deciding factor in determining whether the related DWI charges can be successfully defended against.

Suspension Provisions for Adult Drivers

Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, an individual 21 years old or older who refuses to submit to a breath test can have their driver's license suspended for 180 days. If an individual 21 years old or older fails the breath test the suspension is for 90 days. If the driver has had a prior alcohol related contacts within the last ten years refusal can result in a suspension for two years and failure could result in a suspension for one year. If the driver who refuses does not have a driver's license, an order will be issued denying the issuance of a license to the person for 180 days.

The term "prior alcohol or drug contact" as used above means a prior driver's license suspension, disqualification, or prohibition order under the laws of this state or any other state resulting from a conviction for driving while intoxicated, a refusal to provide a requested specimen, or providing a specimen showing an alcohol concentration of 0.08 or greater.