DWI ALR HEARINGS IN TEXAS
A bit of information regarding ALR (Administrative License Revocation) hearings in Texas with regard to DWI cases.
Hey everybody, Criminal Defense Attorney Eric Benavides here. I am coming to you from a gas pump at Buccee’s here in Bastrop, Texas. I am just leaving Austin where I attended an annual DWI training that I go to every year. At the training today, we talked a little bit about ALR hearings.
I get a lot of questions about ALR hearings. What an ALR hearing is – it’s an administrative license revocation hearing for individuals who have been charged with DWI. In other words, it’s a hearing where DPS is trying to suspend your license. In Texas, as soon as you get arrested for DWI, DPS automatically starts the process of suspending your drivers license. Now, that suspension can be anywhere from three to six months for a first time DWI – the timing can change if it’s your second or if you are a minor. But in general, for a first time DWI is between three and six month suspension.
Now, the most important thing to know about an ALR is that you only have 15 days from the day that you are arrested to request that hearing. If you don’t request it in those first 15 days then your license will automatically be suspended forty days after the day you were arrested for the DWI.
Now, an ALR hearing is good for two reasons. One, if we do all of it properly, and the officer doesn’t show up after we have properly subpoena them, then they will dismiss the license case against you, we will win that and you will never lose your license. Now, if the officer does show up, it gets a little bit tougher to win those, but its good for us because we get an opportunity to question that officer about your case before trial. So it’s a win – win. If the officer doesn’t show up, we win the hearing. If the officer does show up we get to question them and prepare for trial.
So make sure if you have been charged with a DWI you either request that hearing yourself or even better have your attorney request it for you. Again, my name is Eric Benavides, I am a Criminal Defense Attorney in Houston, Texas. if you have any specific questions about ALR hearings just reach out to me and we will talk about it and go from there.