ALR Hearings
Requesting an ALR Hearing
Have you been charged with a DWI/DUI in Houston? Your head is probably already swimming with questions about your DWI/DUI charge. Keep in mind though, you only have 15 days from the date of arrest to request a hearing with DPS to save your license. Failure to request a hearing will result in the automatic suspension of your driver’s license.
When a driver either fails or refuses to submit to a breath/blood test, the driver’s license will be suspended effective forty (40) days after the driver was asked to provide a breath or blood specimen through a process called Administrative License Revocation (ALR). If the accused driver wishes to challenge the legality of the proposed license suspension, Texas law provides that the driver may request an ALR hearing but must do so in writing within fifteen (15) days of his or her arrest.
Failure to request a hearing within the fifteen day deadline will result in an automatic suspension on the fortieth day after the test request. Thus, the suspension for failing or refusing a breath or blood test is only “automatic” as long as the driver fails to properly request a hearing to challenge it within fifteen days of being arrested.
In the Case of a Breath Test Failure
- 90 day suspension with no prior alcohol or drug-related “enforcement contacts” (a prior ALR or Drug/Alcohol conviction) listed on driving record within ten years prior to date of the offense.
- One year with one or more alcohol or drug related “enforcement contacts” listed on driving record prior to date of offense within ten years of date of the offense.
In the Case of a Breath Test Refusal
- 180 day with suspension with no prior alcohol or drug related “enforcement contacts” listed on driving record within ten years prior to date of the offense.
- Two years with one or more alcohol or drug related “enforcement contacts” listed on driving record prior to date of offense within ten years of date of the offense.
Contact the Law Office of Brett Podolsky for more information about ALR hearings: 713-227-0087
