DWI or Driving While Intoxicated is a severe offense in the state of Texas. Law enforcement officers are strict when it comes to implementing the law, and they take the penalties seriously. Whether you live in the country or you are just visiting, it is essential to be careful especially when you are planning on drinking. There are many times when drinking may get out of hand especially if you are with friends or you are having fun. It is your choice; no one can stop you from drinking if you want to. However, we urge you not to drive after having too much to drink. It will not only jeopardize you, but it could get other people hurt.
Drunk driving can have severe consequences for you. You and your passengers can get hurt, and you may damage your car significantly. It is also possible you damage other properties which will cost you a lot to pay. Furthermore, you may cause severe injury or even death to others. These violations come with different penalties depending on their severity. In addition to that, there are also administrative cases that come with it such as the ALR.
What is an ALR?
An Administrative License Revocation (ALR) is considered a civil, administrative process that is not in any way related to any criminal court proceedings. It may come when you are caught Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI), and you refuse to take the field sobriety test since the penalties for both are closely related. When that happens, the Texas Department of Public Safety (DPS) will request for your license suspension.
What Happens at the Hearing?
When you receive the notice for suspension, you may request for an ALR hearing Texas to argue your case as long as it is within 15 days from the date of notification. Afterward, you will need to wait for up to 120 days for your hearing to be scheduled.
During the hearing, DPS will have to prove their case against you so your license will get suspended. They also need to verify that the police officer who stopped you has a probable cause of stopping you and requesting for the test. If they cannot prove it, you will win by default.
Possible Proof DPS Can Argue in Court
There are two potential cases why you have an ALR.
Refusal of Blood or Breath Test
When there is sufficient reason for the police to stop or arrest you, you need to submit into a field sobriety test. It is often through your blood or breath. Once you refuse, you may get arrested and booked for a misdemeanor. If the officer followed all protocol for your arrest, then they have a reasonable right to request for ALR.
Failure of the Test
When you submitted to the blood or breath test and fail, you will receive different penalties. The acceptable Blood Alcohol Concentration (BAC) is 0.08 and below, when you exceed that, you will get charged for DWI and will get charged accordingly. Also, your license may get suspended. When this happens, then you may request an ALR hearing to prove your case and to stop it from happening.
If you need any help relating to DWI, feel free to visit us for assistance.