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Houston DWI Attorney
Texas Administrative License Suspensions: A Summary
(DWI, ALR, and Implied Consent)
If a person is arrested for Driving While Intoxicated (DWI) in the State of Texas he or she will be confronted with two cases. Obviously, an arrest for DWI will result in criminal charges, and possible fines and/or jail time and probation. However, most drivers do not realize that, once arrested for DWI, the State of Texas will immediately initiate a civil proceeding designed to suspend your driver's license, regardless of the state of issuance. This proceeding is called an Administrative License Revocation Hearing or ALR Hearing, and is handled through the Texas Department of Public Safety (DPS).
An ALR suspension is initiated against a driver if he or she either refuses a breath/blood/chemical test upon their arrest; or alternatively if he or she fails the test
According to the Texas Transportation Code (§724), each person who operates
a motor vehicle on Texas roadways has impliedly consented
to provide a specimen of breath or blood if arrested for
DWI if provided with a proper request by law enforcement
that included the consequences of refusing. This means that,
if you drive a vehicle on a public roadway, you have implied
that you consent to a breath/blood/chemical test if asked
to do so, at any time, anyplace. This law not only encompasses
DWI, but also Boating While Intoxicated and also affects
the flight status of a certified pilot through a tandem
agreement with the Federal Aviation Administration.
It is a common practice of law enforcement to tell an arrested driver that he or she MUST agree to take a breath/blood/chemical test or their license will be immediately suspended. This is 100% incorrect, and it is done intentionally in order to force, mislead, or intimidate the driver into submitting to these tests. Seldom, if at all, is the arrested driver informed of his or her right to challenge the license suspension in a court of law. Most law enforcement officials familiar with the DWI laws in the State of Texas know that a failed breath/blood/chemical test makes it much easier to prosecute, and will do everything in their power to get you to submit to these tests. Upon refusal or failure of the test, a police officer is required to hold your driver's license (if issued in the State of Texas), and immediately issue a temporary driving permit that is valid for 40 days from the arrest date. In order to preserve your right to drive, you must request an ALR Hearing in order to challenge the suspension in court. By challenging the suspension, you will preserve your temporary right to drive, even if the hearing is held after the expiration of your temporary license.
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IMPORTANT:
The ALR suspension is automatic, meaning that your license will be suspended in accordance with your offense if you do not request a hearing within 14 days of your arrest.
At the time of your arrest, you are usually served with
a written notice of your suspension. If you submit your request
for a hearing within the prescribed 14-day period, than you
will preserve your right to drive until the Administrative
Law Judge either rules in your favor or authorizes the DPS
to suspend your driving privileges. If the judge rules against
you, a good Houston DWI lawyer can sometimes prevent the driving
suspension by filing an appeal. The Houston DWI attorneys at
Tad Nelson and Associates believe it is always best to hire
a DWI attorney to handle your Administrative Law Revocation
hearing request. Although an aggressive ALR defense may not
prevent the DPS from suspending your license, it will assist
your Houston DWI lawyer in providing opportunities to enhance
your chances for success in the criminal phase of your trial.
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At the ALR Hearing the Department of Public Safety must prove by preponderance of the evidence that:
- There was reasonable suspicion to stop or probable cause to arrest the driver,
- Probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated,
- The driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND
- The driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.
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The period of suspension headed down at an ALR Hearing is as follows:
| Occurance |
Refusal Penalty |
Failure Penalty |
| First DWI |
180 Days |
90 Days |
| 2+ DWI's |
2 Years |
1 Year |
Please note that if you refuse the test and you are a resident of the State of Texas without a license, than you will be ineligible to apply for a license for 180 days.
If no suspension is handed down during the hearing, the DPS is obligated to return your license back to you immediately. If you are handed down a suspension either automatically or at the hearing, than you are required to submit payment for $125.00 to the DPS as a surcharge (a.k.a: additional fine) in order to get your license back at the end of your suspension period. At Tad Nelson and Associates, we recommend that the offender submit this fee at least 3 months in advance so that there is no delay in reinstating your driving privileges.
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If you hold a driver's license from a state outside of Texas,
the DPS does not have the authority to suspend that state's
license. However, they will inform your state's Department
of Motor Vehicles and they will, in turn, suspend your license.
Then, the normal period of suspension in Texas will be applied
to you in terms of when you will be eligible to apply for a
Texas driver's license. Also, obtaining an international driver's
license will not allow you to drive in Texas. Although requesting
an ALR Hearing is essential for the protection of your driving
privileges, it is also important in gathering information that
may better ensure your chances of winning your criminal case.
Unfortunately, most Houston DWI lawyers are unfamiliar with
the specifics of this hearing, and thus they are not exposed
to the important information discovery stage that is present
at these hearings. At the Houston DWI law firm of Tad Nelson
and Associates, we encourage each of our clients to request
this hearing, even if it is assured that he or she will have
a suspension, so that our expert legal defense team can gather
useful information in order to provide you with the best legal
attorney representation possible.
If you need assistance maintaining your driving privileges,
getting an occupational drivers license, or are ready to begin
your ALR and DWI defense; call Houston DWI attorney Tad Nelson
and Associates immediately at 281-280-0100 or toll free 1-800-765-5614.
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