ALR Hearing Questions – Texas DWI Lawyer
What is an Administrative License Revocation Hearing in Texas?
If you are arrested for a DWI and fail or refuse to take a breath or blood alcohol test, the Texas Department of Public Safety can automatically suspend your driver’s license.
However, you are entitled to challenge the suspension at an Administrative License Revocation (“ALR”) hearing.
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What happens at the hearing?
An ALR hearing is a civil administrative hearing, not a criminal proceeding. An Administrative Law Judge (“ALJ”) will hear all the State’s evidence and your evidence and determine whether to uphold the suspension.
The ALJ will consider the evidence and then issue a final, appealable decision.
What kinds of questions will be asked at the hearing?
You may be asked some of the following questions at the hearing:
- How were you driving before the officer pulled you over?
- How did you behave when the officer made contact with you?
- Did the officer request you take a blood alcohol or breathalyzer test?
- If the officer asked you to take a test, did you refuse?
- Were given certain warnings by the arresting officer prior to any testing?
- Did the officer give you certain documents and information about your license being suspended?
These are only a few examples but a good idea of the sort of questions you might be asked at the hearing.
Is it possible to win at an ALR hearing? What ways can I win at an ALR hearing?
Yes. The burden of proof is on the State to prove its case. Hiring an experienced DWI attorney puts you in the best position to win at your hearing.
Your attorney can attack and undermine the State’s case against you. Examples include:
- Providing evidence the officer did not have reasonable suspicion to stop you or probable cause to arrest you.
- Providing evidence the police officer never requested you take a blood or breath test.
- Providing evidence that required warnings were not given before you agreed or refused to take a test.
- If you refused to take the test, proof that you were not given the required warnings about the consequences of refusing to submit to testing.
- If you took and failed a test, proof the test results were not valid.
- If you took and failed a test, proof the test was not administered in the proper manner.
- If the test was not administered, proof you agreed to take to the test and the officer never administered it.
- Providing proof the State made fatal procedural errors in bringing your case.
- Proving the State does not have enough evidence to meet its legal burden.
- If you consented, took, and failed a test, providing proof your consent was not freely given.
- Proving the paperwork submitted by the State is defective.
While the above list is extensive, it is still only some of the ways you can prevail at the hearing.