There are two types of potential suspensions that might results from an ALR hearing: Refusal and Failure. Both are discussed in detail below, but basically, Failure is when a person's blood or breath result is above the legal limit of .08%. Refusal is when a person refuses the chemical tests.
You Only Have 15 Days to Request Your ALR Hearing. DPS imposes a strict 15 day deadline, from the date of arrest, to request your Texas Administrative Law Hearing. This is the hearing at which a judge will determine if your license will be suspended, and the length of suspension. If you delay in hiring an attorney or delay in requesting a hearing, you will lose the right to the ALR hearing.
One of the main reasons to conduct the ALR Hearing has little to do with your license. It offers a chance to question the arresting officer, under oath. This gives us great insight into how the officer may testify later, and provides sworn testimony that may reveal facts not present in the police report.Occupational Licenses so you can continue to drive legally while the DWI is pending.
Upon arrest for DWI, the officer will confiscate your Texas license, and give you a few forms concerning your temporary 40 day license. At this point, you can still legally drive on that temporary license, but remember, you'll only have 15 days from the date of arrest to request an Administrative Law Hearing (ALR Hearing), which will determine whether your license will be suspended -- and for how long.
The Texas State Office of Administrative Hearings is the adminstrative office that handles ALR hearings. The hearing is to determine whether there's enough evidence for a Judge to suspend your license. This is not the Judge that will handle the DWI. We routinely subpoena the officer to actually show up in court and give sworn testimony about facts of your case and procure any evidence in your favor.
Because such a low amount of evidence is needed at this hearing, most ALR hearings will result in a license suspension -- but not always. Even if the Judge does suspend your license, Keates Law Firm can obtain an Occupational License for you (fees included in representation, except filing and DPS fees). That way, you can continue to drive legally. Read more about that below.
Lastly, a driver who suffers an ALR suspension, must pay the DPS $125 Reinstatement fee before being issued an Occupational License or Reinstating their regular license.
Occupational Licenses allow you to legally drive during an ALR Suspension. You can drive to and from work, to and from school, drive for daily household chores (supermarket, medical, child care), as well as other necessities such as probation and court meetings, DWI classes, meetings, night classes, and a few more areas.
We can help you obtain an Occupational License quickly.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
There are several types of DWI in Texas. A First Time DWI is the most common, but if a person has a prior DWI, then the charge is more serious. A DWI Second Offense is a Class A Misdemeanor and carries more severe penalties. Likewise, having two DWI priors means the next arrest will be considered a Felony DWI.
A first time DWI where the person has a breath or blood result .015% or higher, will have the DWI upgraded to a more serious DWI offense, specifically an Enhanced DWI (Class A).
Lastly, if there is no alcohol involved, or a combination of alcohol and a narcotic, then a person could be charged with a Drug DWI. This is true even if a person is taking legal prescriptions.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
The Keates Law Firm has over 16+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
Trans. Code 724.035 (a-b): Refusal means the chemical (breath or blood) test was refused by the driver. This results in a 180 day suspension, if it's a 1st time DWI or if any prior DWIs are more than 10 years in the past. If there are DWI priors within 10 years, the suspension is 2 years. Source.
The following chart identifies potential DWI License Suspensions for DWI Offenses in Texas.
|Offense||Failure Penalty Trans. Code 524.022||Refusal Penalty Trans. Code 724.035|
|DWI 1||90 days||180 days|
|2nd DWI w/i 10 years||1 years||2 years|
Call for a Free Consultation