ALR Hearings | Administrative License Revocation
Texas motorists who are suspected of driving while intoxicated must submit to a breath, blood, or urine test if requested to do so by a police officer to measure the alcohol levels in their blood. Refusing to do so can result in the suspension of a person’s license to drive, but submitting to the test and recording a blood alcohol concentration above the legal limits for intoxication or impairment can also result in a license suspension.
Texas Administrative License Revocation
A police officer is required by law to take the driver’s license of a motorist who is arrested for driving while intoxicated or driving while impaired. The officer gives the driver a temporary permit that allows the person to driver for 40 days after the date it is issued
Not having a license can be hardship for commercial drivers or for any person who needs to drive to work or school on a daily basis. License suspensions and revocations are an administrative civil penalty that is separate from the criminal proceedings and penalties that people normally associate with a DWI conviction.
Requesting a Houston ALR Hearing
A driver is entitled to request an administrative license revocation hearing to challenge a license suspension or revocation. A written request must be made to the Texas Office of Administrative Hearings within 15 days of the receipt of notice from the Department of Public Safety of a suspension or revocation. Filing a request for an ALR hearing temporarily places a hold on the suspension or revocation until an administrative law judge hears and decides the case.
Issues Raised and Decided at an ALR Hearing
Because an ALR hearing is a civil matter separate from the DWI criminal case, Texas law limits the issues that an administrative law judge decides at the hearing. At an ALR hearing arising from a refusal to submit to a chemical test, administrative law judge must determine each of the following issues:
- Whether the police officer had probable cause or reasonable suspicion to stop the motorist
- Whether the officer had probable cause to believe the suspect was operating a motor vehicle or watercraft while intoxicated
- Whether the suspect was arrested and asked to submit to a chemical test
- Whether the suspect refused to submit to the test
Results of ALR Hearings
If an administrative law judge rules against a motorist, the suspension or revocation goes into effect. A finding by the judge that any of the issues raised at the hearing were not established, the motorist’s license must be reinstated or a pending suspension or revocation must be canceled.
Consult a Houston ALR Hearing Attorney
The consequences of a loss of an individual’s driving privileges can be devastating. The administrative license suspension or revocation period can be as long as 180 days for a first refusal, so having experienced legal representation at an ALR hearing is important.