ALR HEARINGS, DWI Defense Lawyers Frisco, Texas

WHAT EXACTLY IS INVOLVED IN A TEXAS ALR HEARING?

The Administrative License Revocation program is a separate administrative procedure from the criminal procedure that is linked to your accusation of driving while intoxicated. When you refuse to submit to a breath or blood test in connection with a DWI charge or when you fail a breath or blood test connected to a DWI charge, this administrative procedure will be initiated. You have the option of requesting an ALR hearing in the case that you want to avoid having your driver’s license suspended.

The catch is, you have only 15 calendar days to submit a request for a hearing. The moment the authorities take your driver’s license and provide you a notification that your license will be suspended, the clock will begin to run against you. This notification, also known as a “pink document”, is often given to you after you have been released from the custody of the police. The only circumstance in which the authorities are not required to promptly seize your driver’s license is if you are a resident of another state.

As was previously indicated, the pink piece of paper serves as the legal notification of an instant license suspension. In addition, the sheet of paper also notifies you that the paper will function as a temporary license for the following forty days. If, on the other hand, you request a hearing, you will be allowed to continue driving up until the administrative court makes a decision on your case.

If you have been arrested for a DWI in Frisco, Denton, Texas, don’t wait to challenge the license suspension, retain an experienced Frisco DWI Lawyer from The Ridgely Law Firm immediately to file an ALR Hearing to fight the suspension and obtain evidence for your upcoming Criminal Defense against DWI.

WHEN WILL THE SUSPENSION OF YOUR DRIVER’S LICENSE BEGIN AFTER YOU HAVE BEEN ARRESTED FOR DWI IN HARRIS COUNTY, TEXAS?

Your driver’s license will be suspended at the time of your DWI arrest; however, it is essential that you are aware that you will be permitted to keep driving for up to forty days following the issuing of the pink sheet, even though your license will be suspended during that period. The principle of implicit permission underpins the reasoning behind the pink paper. According to the provisions of this legislation, every individual who operates a motor vehicle is deemed to have submitted to a test of their blood or breath for the presence of alcohol.

If you still have your pink paper in your possession forty days after it was given, you are permitted to lawfully operate your car as long as you do so. If, on the other hand, you submitted your request for an ALR hearing in a timely manner, you will be allowed to keep driving up until the ALR court renders a judgment about your case.

IN Collin, dallas, & denton COUNTY, TEXAS, HOW DO YOU REQUEST AN ALR HEARING?

In spite of the fact that your driver’s license was instantly suspended and you were given a pink piece of paper to use as a temporary license for the next forty days, you still have the right to appeal the suspension by making a request for an ALR hearing. This is another reason why it is necessary to choose a criminal defense attorney with expertise and board certification in DWI cases. By hiring Ridgely Davis Law as soon as possible following your DWI arrest, you provide your criminal defense lawyer with the opportunity to make a request for an administrative license revocation hearing on your behalf as your attorney. After the request has been submitted, DPS will write a letter to the attorney informing them of the date, time, and place of the ALR hearing. You are permitted to continue driving until the hearing, which typically takes place within one hundred and twenty days.

You are obligated to do so even if you do not hire a lawyer to make the hearing request on your behalf. If the request is not made within the allotted time period of 15 days, it will be refused. You will get a letter in the mail from DPS informing you that the suspension will go into effect forty days from the date of your arrest for DWI or DUI.

WHAT KIND OF EVIDENCE Does the State Need to Present Before It Can Revoke Your Driver’s License?

If you enter a plea of not guilty and want to defend the accusation, the administrative license revocation hearing (ALR) will most likely take place before the criminal trial (s). The hearing for an ALR is conducted in a manner that is noticeably less formal than hearings performed during the course of a criminal proceeding. A lesser amount of evidence is often presented during an ALR hearing as well. In point of fact, the individuals who made the arrest are most likely going to be the sole witnesses for the state. In light of the aforementioned, in order for the court at the ALR to uphold the suspension of the driver’s license, the state must prove three particular components using the sole witness it has available.

1. SUSPICION BASED ON REASONABLE EVIDENCE
The state has the burden of proving that your car was stopped only after there was a reasonable suspicion that you committed a traffic infraction of some kind, such as speeding or illegally changing lanes, or some other form of criminal behavior. The officer who made the arrest needs to be able to communicate the facts that can demonstrate their finding. The burden of proof required for this showing is, on the other hand, not very high.

2. PROBABLE CAUSE
In addition to this, the state has the burden of proving that there was reasonable suspicion to justify the DWI arrest. The term “probable cause” refers to the fact that it is more likely than not that the individual in question committed the offense that is being investigated. The observations that the police officer makes during the traffic stop, particularly when giving field sobriety tests, while administering a drug identification examination, or while evaluating the results of a portable breath test, might be used to establish probable cause.

3. THE PERCENTAGE OF ALCOHOL IN THE BLOOD
The state has the burden of proving that you consented (or refused) to take a breath or blood test and that the test findings show you had a blood alcohol concentration that was higher than the permissible limit for driving. In the state of Texas, the blood alcohol concentration (BAC) level for adults is 0.08 percent, while the BAC limit for commercial drivers license holders is 0.04 percent. The BAC limit for minors is any detectable quantity.

If any one of these three criteria cannot be established or presented in an adequate manner, then the suspension of your driver’s license will not be sustained.

WHAT ARE THE CONSEQUENCES OF LOOSING A TEXAS ALR HEARING?

The administrative law judge (also known as an ALJ) will preside over the administrative law review hearing. Following the conclusion of the hearing, the ALJ will make a judgment and order that is both final and appealable at the same time.

In the event that you are unable to prevail at your Texas ALR hearing, the sanction that will be applied to you is the continuation of your driver’s license suspension. The length of the suspension will mostly be determined by two factors, which are as follows:

• Whether or not you have been convicted of driving while intoxicated in the past;
• Whether or not you willingly submitted a breath or blood sample so that your BAC level could be determined.

On the website of the Department of Public Safety, you may get a description of the consequences that will result from the ALJ’s decision to uphold the suspension.

PERIODS OF SUSPENSION FOR ADULTS

The adult’s ability to drive a vehicle may be revoked depending on the particulars of the situation in which they found themselves.

FAILURE TO PASS A BLOOD OR BREATH TEST

The suspension period is ninety days for a first offense, or one year if there have been past bans due to failing or rejecting a blood or breath test for a DWI, intoxication assault, or intoxication manslaughter within the previous ten years.

DEFENSE AGAINST PROVIDING A BLOOD OR BREATH SPECIMEN REFUSAL

180 days for a first offense, or two years if there have been previous prior refusals.

PERIODS OF DISQUALIFICATION FOR A COMMERCIAL DRIVER’S LICENSE (CDL)

If a person refuses to submit to a breath or blood test or operates a motor vehicle in a public place when their blood-alcohol concentration (BAC) is at or above the following levels, then they will lose their CDL for a period of one year:

• more than 0.04 (commercial vehicle only)
• higher than 0.08 (any vehicle)
• more than 0.10 (any vehicle).

If the holder of a CDL refuses to submit to a breath or blood test, or if they operate a motor vehicle in a public location when their blood-alcohol concentration is at or above the following levels, they will lose their ability to transport hazardous materials for a period of three years.

• more than 0.04 (commercial vehicle only)
• higher than 0.08 (any vehicle)
• more than 0.10 (any vehicle).

Even if your driver’s license is ultimately revoked, you can still submit an application for restricted driving privileges such as an occupational license. This license will permit you to drive to your place of employment or to carry out other activities that are necessary for you to be able to carry on with your daily life.

You also have the option to appeal the judgment.

You may, however, be able to stay clear of these repercussions if you retain the services of a DWI defense attorney who is able to devise a defense plan that is likely to be successful.

HOW DO YOU WIN AN ALR HEARING IN COLLIN AND DENTON COUNTIES?

Due to the low burden of proof that is placed on the the state in ALR hearings in Collin and Denton County, it might be difficult to secure a favorable outcome. Having said that, it is possible, particularly if you have an experienced Frisco DWI attorney like those at Ridgely Davis Law, presenting the defense for your ALR hearing to beat the suspension, however, oftentimes the strategy is to obtain evidence or weaken an officer’s testimony to use for either the trial in your criminal case or to negotiate a more favorable resolution.

One method is to demonstrate that the police violated the constitutional rights of the person who is accused of driving while intoxicated in some other way, such as by conducting an illegal search of the person’s person or property, using improper procedures when administering field sobriety tests, or searching the person improperly. In the event that this is not possible, at The Ridgely Law Firm, our Frisco DWI Lawyers will attempt to undermine the state’s case against you by demonstrating that there was no reasonable suspicion, no probable cause, or that the breath or blood tests were inaccurate or improperly handled.

DON’T WAIT CONTACT AN ATTORNEY FOR THE COLLIN AND DENTON COUNTY ALR HEARING

In the event that you are arrested for DWI or DUI in Collin | Denton County, it is imperative that you contact a lawyer as soon as possible. If your freedom and future are important to you, then it is even more important to contact an Experienced DWI criminal defense attorney who has a proven track record of winning DWI cases at trial. This should not be confused with a track record of securing plea deals through negotiations that still leave clients with a criminal record. If your freedom and future are important to you, then it is even more important to contact a  DWI criminal defense attorney who has a proven track record of winning DWI cases at trial

Ridgely Law Firm Criminal Defense Lawyers have repeatedly demonstrated that they are capable of the tasks at hand.  Get a strong defense for your driving while intoxicated charge by calling the Ridgely Law Firm at (469) 935-4600 right now.