What Are the Chances of Winning an ALR Hearing in Texas?

If you were arrested for DWI in Texas, you may have received an Administrative License Revocation, or ALR, notice. This means that your driver's license has been suspended/revoked. To get it back, it's possible that you can go to an ALR hearing, and you and your criminal defense lawyer can attempt to get it reinstated.

One of the common questions associated with this situation is this: "What are the chances of winning ALR hearings in Texas?"

There is no great answer to this question because there is no percentage that applies to every ALR hearing. Your chances depend on the facts of the traffic stop, the arrest, if there were chemical tests, and whether you refused the tests or not.

The hearing is focused on very particular legal questions, so any issue with evidence or any procedural errors can affect the outcome.

What Is the ALR Suspension Hearing in Texas?

An ALR hearing is a type of proceeding that concerns a suspended license or disqualified license after DWI or BWI charges. The Texas Department of Public Safety treats the ALR process differently than the criminal court case. It might apply when a person refuses or fails to complete a blood test or breath test or in cases where the person's alcohol concentration is over the legal limit.

An ALR hearing is done through the State Office of Administrative Hearing, SOAH. In the hearing, an administrative law judge will consider the evidence that was submitted by the accused, and then determines if there is grounds for suspension.

Does Winning an ALR Hearing Mean You Beat the DWI?

No. Winning the ALR hearing doesn't mean the DWI charge is dismissed. These are two separate hearings and the outcome of either doesn't affect the other. A person can win their ALR hearing and get their driving privileges back, but they will still need to fight the DWI charge in court. The opposite is true, too. You can lose your ALR hearing and never get a DWI conviction.

There are two very different reasons for each type of hearing. The ALR hearing is focused on driving privileges. The criminal case looks at if you are guilty or innocent when it comes to DWI charges.

In both cases, an experienced DWI attorney can be invaluable. They can help with questions like what happens after a dui arrest?

What Must DPS Prove at an ALR Hearing?

There are specific things that DPS must prove at an ALR hearing. One of the most important things that are considered is if, when the arresting officer asked, the alleged guilty party refused the test or took the test and failed.

For certain failure cases under Texas Transportation Code Chapter 524, the statute requires proof concerning the person's alcohol concentration and whether reasonable suspicion to stop or probable cause to arrest existed. If the administrative law judge finds the required issues in DPS's favor, the suspension is sustained.

Refusal cases are governed by Chapter 724 of the Texas Transportation Code. The evidence and legal issues can include whether the person was lawfully arrested, whether the officer had reasonable suspicion or probable cause, whether the person was properly asked to provide a specimen, and whether the person refused under the circumstances covered by the statute.

Because the legal questions are specific, the details in the officer's report, video, documents, and other evidence can matter.

What Can Improve Your Chances of Winning?

One of the most important factors is whether there is a legitimate legal or factual issue with DPS's case. An ALR hearing is not simply a chance to explain why you believe you were not intoxicated. The hearing focuses on whether the required statutory elements have been proven.

Potential issues may involve the legality of the traffic stop, the basis for the arrest, the circumstances surrounding the request for a specimen, or the reliability and admissibility of evidence concerning a test. The particular issues available depend on the type of ALR proceeding and the facts of the case.

A review of the evidence can reveal inconsistencies or missing information relevant to the administrative law judge's decision.

Does a Breath or Blood Test Make an ALR Case Impossible to Win?

No. A breath or blood test does not automatically guarantee that DPS will prevail.

The significance of the test depends on the circumstances surrounding the test and the other requirements DPS must establish. For a failure case, Texas law identifies the issues that must be proved at the hearing. The evidence may therefore need to be examined in the context of the entire case rather than treated as one isolated number.

Not every test result can be successfully challenged. The question is whether the required elements have been established.

What If You Refused the Breath or Blood Test?

A refusal does not necessarily make an ALR hearing pointless. Texas has a separate legal procedures for alleged refusals, and DPS may seek a suspension based on the refusal.

A hearing request can give the driver an opportunity to contest whether the statutory requirements for the suspension were met. The circumstances of the request for the specimen, the arrest, the officer's observations, and the available evidence may all be important.

If you received an ALR notice after an alleged refusal, it is important to pay attention to the deadline for requesting a hearing. DPS states that an ALR hearing generally must be requested within 15 days of being served with the notice.

How Long Do You Have to Request an ALR Hearing?

The deadline is extremely important. DPS states that a person generally has 15 days after being served with an ALR notice to request a hearing. If the request is not made within the required period, the request may be denied and the suspension can proceed. You won't get a temporary driving permit, and your criminal DWI case will continue.

When a timely hearing is requested, Texas law provides that the suspension is stayed until the administrative law judge issues a final decision.

Because missing the deadline can affect the ability to contest the suspension, a person who receives an ALR notice should act quickly instead of waiting until the hearing date is close.

What Happens During an ALR Hearing?

An administrative law judge reviews the evidence presented by the parties. Again, the hearing is not the same as a criminal trial. It is a civil process to determine if you can legally drive a motor vehicle until your court date.

The judge considers the legal issues that apply to the particular type of ALR case and determines whether DPS has met its burden. If DPS proves the required issues, the suspension is sustained. If DPS does not establish the required grounds, the suspension is not sustained.

The state's evidence can include police reports, sworn testimony, video evidence, and other records relevant to the stop, arrest, specimen request, or test.

Can an Attorney Increase Your Chances of Winning?

An attorney cannot guarantee a particular result, but legal representation can be valuable because ALR hearings involve specific statutory requirements and deadlines. They do have insight on questins like can i renew my green card with 2 dui?

A lawyer can review the circumstances surrounding the arrest, identify the issues that may apply to the hearing, examine available evidence, and present arguments directed at the legal requirements DPS must satisfy. This can be particularly important when the case involves disputed facts or questions about the officer's actions.

The focus is whether DPS has proved the required elements under Texas law.

What If You Lose the ALR Hearing?

Losing an ALR hearing does not necessarily end every available option. DPS states that an ALR suspension decision may be eligible for appeal. Under the applicable Texas procedure, an appeal petition generally must be file-stamped by the appropriate county or district court within 30 days of the start date of the suspension or disqualification.

Because appeal requirements can be technical and deadlines are short, anyone considering an appeal should obtain legal advice promptly after receiving the ALJ's decision.

How Is an ALR Hearing Different From a DWI Case?

The biggest difference is what is being decided.

An ALR hearing concerns the administrative action against the driver's license. A criminal DWI prosecution concerns the criminal charge. The proceedings can involve some of the same facts, but they are legally separate.

This means an outcome in one proceeding does not necessarily determine the outcome in the other. Someone facing both proceedings should understand that protecting the driver's license and defending the criminal charge may require attention to different legal issues.

What Should You Do After Receiving an ALR Notice?

Do not ignore the notice. First, determine the deadline for requesting an ALR hearing. DPS currently states that the request generally must be made within 15 days of service.

Next, preserve paperwork and information related to the arrest and license suspension. This may include the notice provided by the officer, court paperwork, correspondence from DPS, and any other records you received.

You should also avoid assuming that the ALR process will resolve itself because you have not yet been convicted of DWI. The ALR proceeding is separate from the criminal case and can affect your driving privileges independently. For more information, the best criminal attorney in Fort Worth Texas may be able to help.

Talk to a Fort Worth DWI Defense Lawyer

There is no single percentage that accurately predicts the chances of winning an ALR hearing in Texas. The outcome depends on the facts, the type of ALR case, the evidence, and whether DPS can prove the issues required by law.

If you received an ALR notice after a DWI arrest in Fort Worth or elsewhere in Texas, Sparks Law Firm can review your situation and explain the options available to you. Acting quickly is important because the deadline to request an ALR hearing is short. Free consultations are available.