ALR - How it works
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ADMINISTRATIVE LICENSE REVOCATION HEARINGS
- When you were arrested for DWI, the police officer probably took you to the police station and asked you to take a breath or blood test to measure the amount of alcohol in your system. He should have also advised you of your right to take or refuse the test and the consequences of each.
- Whether you refused or agreed to take the test, the officer should have served you with a notice of suspension.
- You have FIFTEEN DAYS from the date you receive this notice of suspension to request a hearing to contest the suspension of your license, also known as an ADMINISTRATIVE LICENSE REVOCATION HEARING. If you do not request this ALR hearing, the suspension will automatically go into effect FORTY DAYS after the suspension notice was served (which is usually 40 days after your arrest).
- If you request a hearing, it will be held in person in the county of arrest or by telephone (if both parties agree). An attorney from DPS will appear on behalf of the States and they have the burden of proof by a preponderance of the evidence.
- If you failed the BAC test (i.e. your BAC was .08 or greater), the administrative law judge must determine whether:
- There was reasonable suspicion to stop you;
- There was probable cause to arrest you; and
- You were operating a motor vehicle with an alcohol level at or above the legal limit.
If the judge believes the answer to these issues is "yes", your license will be suspended for sixty days, if a first offender; 120 days, if previously suspended for failing or refusing the test; or 180 days, if previously suspended for a DWI or Involuntary Manslaughter conviction.
- If you refused the BAC test, the judge must determine whether:
- There was reasonable suspicion to stop you;
- There was probable cause to arrest you; and
- You were given an opportunity to give a specimen that you knowingly and voluntarily refused.
If the judge finds against you, your license will be suspended for 90 days, if a first offender; 180 days, if previously suspended for failing or refusing the test; or 1 year, if previously suspended for a DWI or Involuntary Manslaughter conviction.
- A $100 reinstatement fee must be paid before the suspension is lifted.
- An occupational license can be obtained in most instances if you can show an essential need for the license and provide proof of financial responsibility. This license will become effective:
- Immediately, for first offenders;
- 90 days after start of suspension, if previously suspended based on failure or refusal of test; or
- 180 days, if previously suspended based on DWI or Involuntary Manslaughter conviction.
The Court may also require you to attend an alcohol counseling and rehabilitation program as a condition of this license.
- If the ALR judge finds for you, no suspension will occur.
- ALR is civil remedy separate from the criminal proceeding. However, if you are found not guilty in the criminal DWI or Involuntary Manslaughter case, any ALR suspension will be rescinded and removed from your driving record and you reinstatement fee will be refunded if already paid.
ALRs ARE A WIN-WIN SITUATION --- ASK US ABOUT REQUESTING THIS HEARING FOR YOU !
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