Austin License Suspension Hearing Lawyer

WARNING! YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING TO SAVE YOUR LICENSE. IF YOU FAIL TO REQUEST A HEARING YOUR LICENSE WILL BE SUSPENDED AUTOMATICALLY. THE LAW OFFICE OF KEVIN BENNETT CAN ASSIST YOU IN REQUESTING AN ALR HEARING WITHIN THE 15 DAY DEADLINE.

License Suspension Overview:

When a driver either fails or refuses to submit to a breath/blood test, the resulting suspension against his/her driving privileges automatically becomes effective forty (40) days after the driver was asked to provide a breath or blood specimen unless the person or his/her attorney requests a license suspension hearing within fifteen (15) days of his/her arrest. Therefore, the suspension for failing or refusing a breath or blood test is only automatic if the driver fails to request an Administrative License Revocation hearing (ALR). If a hearing is requested, no action will be taken regarding suspension until after a hearing has taken place. Further, in the event of an ALR appeal, the suspension can be delayed for an additional 90 days. If your driver’s license is suspended, you may also request an Occupational Driver’s License or ODL.

The law requires law enforcement to take possession of a person’s Texas driver’s license after being arrested for Driving While Intoxicated or DWI and issue the person a temporary driving permit that expires on the 41^st day after the date of issuance.  If you are like most people, you rely on your driver’s license everyday. Because it is possible to prevent the suspension of your driver’s license, it is very important to hire an aggressive attorney experienced with the ALR process.

What is an ALR Hearing:

Most people don’t realize that when they are arrested for Driving While Intoxicated or DWI in Texas for either refusing to submit to breath or blood testing or failing a breath or blood test, that they actually have two cases against them: A criminal case and a civil case. This civil case deals exclusively with your driving privileges and has no influence on your criminal case. The civil proceeding is called an administrative license revocation hearing or ALR. The ALR is conducted under the rules of civil procedure and the level of proof needed to suspend your license is much lower than that of criminal case. At this hearing, the Department of Public Safety presents evidence of why your license should be suspended.

What Happens at the ALR Hearing?

The burden of proof at an ALR is on the Department of Public Safety.  Kevin Bennett will defend your license suspension hearing by requesting a hearing and require DPS to prove by a preponderance of the evidence at the hearing, that:

1. that there was reasonable suspicion to stop or probable cause to arrest the driver;
2. that probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
3. that the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and,
4. that the driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.

Why the License Suspension Hearing is Important:

The first reason why this hearing is so important is obvious: if we are successful, you get to keep your driving privileges while the criminal case is pending.

A second and equally important benefit you gain by requesting a hearing is that you are able to better defend against the DWI charge.  Unfortunately, many lawyers who are unfamiliar with DWI defense, do not realize the "discovery" importance of an ALR proceeding. In this regard, the lawyer can get discovery of all of the arrest reports and if the officer testifies at the ALR, the attorney will lock the officer down on his/her testimony.  This sworn testimony is very valuable for the defense of DWI because you know what the officer is going to say and if their version of the facts change, the jury will know it.

Penalties for Failure to Request Hearing or if the ALR Hearing is Unsuccessful:

Failure Case:

1. 90 days with no alcohol or drug related "enforcement contacts" listed on driving record within 10 years prior to date of the offense.
2. 1 year with one or more alcohol or drug related "enforcement contacts" listed on driving record prior to date of offense within 10 years of date of the offense.

Refusal Case:

1. 180 days with no alcohol or drug related "enforcement contacts" listed on driving record within ten years prior to date of the offense.
2. 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.

What happens after the ALR Hearing?

If your license is not suspended at the hearing, DPS is obligated to return your drivers license. If a suspension is ordered either automatically or after the hearing, you must pay a reinstatement fee of $125.00 to the Texas Department of Public Safety before the license will be reinstated. There is a specific Texas Department of Public Safety form that must be submitted to reinstate your driving privileges. Our office can provide you with this form. This form together with the reinstatement fee must be paid by money order, cashier's check or personal check and sent by certified mail, return receipt requested for proper documentation of payment and receipt to:

Driver Improvement and Control
Texas Department of Public Safety
P.O. Box 15999
Austin, Texas 78761-5999

NOTE: If your license has been suspended, you cannot drive without being subject to arrest. There are serious consequences for driving with a suspended license, including possible jail time, fines and reinstatement fees. To drive, you must obtain an Occupational Drivers License.

WARNING! YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING TO SAVE YOUR LICENSE. IF YOU FAIL TO REQUEST A HEARING YOUR LICENSE WILL BE SUSPENDED AUTOMATICALLY.  THE LAW OFFICE OF KEVIN BENNETT CAN ASSIST YOU IN REQUESTING AN ALR HEARING WITHIN THE 15 DAY DEADLINE.