Suppose the State charged you with Driving While Intoxicated (DWI) in New Braunfels. In that case, requesting an Administrative License Revocation (ALR) hearing within 15 days of the arrest is critical.
Every Texas defendant faces an automatic ALR suspension of their Driver’s License. The suspension begins approximately 40 days from the arrest date. The ALR hearing is the only way to fight a suspension.
- Is your license suspended right after a DWI in Texas? No. You may still legally drive after a DWI arrest. But failing to ask for a hearing within 15 days will result in a suspension. The suspension will start around 40 days from the arrest. If your license is suspended, you may be eligible for an Occupational Driver’s License.
- How do I get my license back after a DWI arrest in Texas? If the police confiscate your actual license card, you may request a replacement through the Texas Department of Public Safety (TxDPS).
HOW LONG IS DWI DRIVER’S LICENSE SUSPENSION IN TEXAS?
For a first DWI, drivers face a suspension period of three months to one year. Drivers with prior DWIs face six months to two years suspension. The suspension period can be increased due to the following:
- Blood Alcohol Concentration (BAC)
- Minor passengers under 15 years old
- Open container
- An accident, injury, or fatality
HOW LONG IS THE LICENSE SUSPENSION FOR UNDERAGE DRIVERS IN TEXAS?
Texas has a zero-tolerance policy for drivers under the age of 21. Consequently, the State may charge Texas drivers underage with any detectable alcohol in their system with Driving Under the Influence (DUI).
Minor drivers face a suspension period of 60 days to six months for a first-time DUI charge. Underage drivers with a BAC above .08 face a license suspension of one year. And underage drivers with prior DUI convictions face a suspension period of 18 months to two years.
WHAT IS AN ALR HEARING?
An ALR hearing is a hearing with a judge, court reporter, and State attorney. The ALR hearing is the first chance to contest a DWI in Texas. It is the first opportunity to reveal weaknesses in the State’s case.
- What happens at an ALR hearing? The State presents evidence to prove the identity of the driver, probable cause, and whether there was a refusal or a failure.
- What is “implied consent” in Texas? By driving in Texas, a driver consents to allow law enforcement to test for alcohol or drugs if probable cause exists.
- How do you win an ALR hearing? Winning an ALR hearing in Texas is complicated. The State has the advantage of having a low burden of proof. Regardless of the outcome, an ALR may benefit the overall DWI defense strategy.
Contact me for a free case review if you are charged with Driving While Intoxicated in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.