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Dallas Suspended License Attorney: Protecting Your Rights at an ALR Hearing
DWI License Suspension Facts
WARNING: You have less than 15 days from the date of your arrest to prevent your driver’s license from being automatically suspended.
To prevent your license from being suspended, you must request an ALR hearing from the date of your DWI arrest. If you fail to request a hearing within 15 days or if you don’t properly request a hearing, your driver’s license will automatically be suspended for 40 days after your arrest.
ALR hearings are important because they give you an opportunity to challenge the suspension of your driver’s license. During the Administrative License Revocation (ALR) Hearing, what the Department of Public Safety (DPS) must prove depends on whether you failed or refused breath and/or blood testing.
If You Failed the Test
If you failed the test, DPS must prove only the following:
1. You had an alcohol concentration of at least 0.08 while operating a motor vehicle in a public place.
2. There was reasonable suspicion to stop you or probable cause to arrest you.
If You Refused the Test
If you refused the breath/blood testing, the burden of proof broadens to:
1. There was reasonable suspicion to stop you or probable cause to arrest you.
2. Probable cause existed to believe you were operating a motor vehicle in a public place while intoxicated.
3. The officer requested that you submit to a breath and/or blood test.
4. You refused the breath and/or blood test.
At the ALR hearing, if the judge believes there is insufficient evidence to suspend your license, DPS must immediately return your confiscated driver’s license. However, if the judge believes that DPS has met its burden of proof, the license suspension will go into effect immediately.
In such circumstances, a Dallas suspended license attorney can assist you in obtaining an Occupational Driver’s License for the duration of the suspension. Don’t let a suspended license ruin your ability to drive—consult with a qualified Dallas suspended license attorney today.
FAQs
1. What is an ALR hearing?
An ALR (Administrative License Revocation) hearing is a legal proceeding where you can challenge the suspension of your driver’s license after a DWI arrest. A Dallas suspended license attorney can represent you at this hearing and help protect your driving privileges.
2. How soon do I need to request an ALR hearing after my DWI arrest?
You have less than 15 days from the date of your arrest to request an ALR hearing. If you fail to do so, your driver’s license will be automatically suspended. Contact a Dallas suspended license attorney immediately to ensure your rights are protected.
3. What happens if I failed a breath or blood test during my DWI arrest?
If you failed the breath or blood test, the DPS must prove that your alcohol concentration was at least 0.08 while operating a motor vehicle in a public place. A Dallas suspended license attorney can help challenge the evidence presented by DPS.
4. What if I refused to take the breath or blood test?
If you refused the breath or blood test, DPS must prove that there was probable cause to arrest you and that you refused the test after being asked by the officer. A Dallas suspended license attorney can assist in defending against the consequences of refusal.
5. Can I get a restricted driver’s license after my license is suspended?
Yes, it may be possible to obtain an Occupational Driver’s License (ODL) during your suspension. A Dallas suspended license attorney can guide you through the process and help you secure an ODL to maintain essential driving privileges.
