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Those who refuse to take a breathalyzer test when they are facing a Harris County Arrest for Driving While Intoxicated (DWI) could have their Texas Driver's License suspended even if they escape a Harris County Criminal Court Driving While Intoxicated (DWI) Conviction. An Administrative License Revocation (ALR) Hearing in Texas is a separate civil, administrative proceeding unrelated to your Harris County Criminal Court Case that is employed to determine whether or not a your Texas Driver's License will in fact be suspended. Taking this proceeding seriously must involve engaging a knowledgeable and experienced ALR (Administrative License Revocation) Hearing Attorney to represent you in this matter. The Houston ALR (Administrative License Revocation) Hearing Lawyers at Sullo & Sullo provide Houston Criminal Lawyer Free Consultations and are Houston Criminal Defense Lawyers with Payment Plans.
Background of the ALR (Administrative License Revocation) Hearing in Texas: The ALR (Administrative License Revocation) Hearing Texas program was created by the Texas Legislature in 1993, becoming effective in 1995. The goal is to provide an efficient—yet fair—administrative hearing for those who have had their license suspended due to Harris County Criminal Court Driving While Intoxicated (DWI) Charges to determine whether that suspension should be upheld. These ALR (Administrative License Revocation) Hearings in Texas can be in-person or via the telephone and fall under the applicable laws of the following: State of Texas Driving While Intoxicated (DWI) Laws, Texas Transportation Code, Texas Rules of Evidence, Texas Rules of Civil Procedures, the Administrative Procedure Act and Texas Department of Public Safety (TxDPS) Rules.
Basics of an ALR (Administrative License Revocation) Hearing in Texas: An Administrative Law Judge will control the hearing, listening to the evidence from both sides. The Administrative Law Judge is an experienced attorney and may conduct conferences pertaining to the case prior to the ALR (Administrative License Revocation) Hearing in Texas. Once all the evidence has been presented, the Administrative Law Judge will issue a final decision. Should the Administrative Law Judge determine that the Texas Department of Public Safety (TxDPS) has fully proven its case the driver’s license will be suspended. Should the Administrative Law Judge determine the case simply didn’t have the evidence to prove the charges, the driver’s license will be reinstated. Either party has the option of appealing the Administrative Law Judge’s decision. The Texas Department of Public Safety (TxDPS) is represented by a Texas Department of Public Safety (TxDPS) Attorney while the defendant whose driver’s license is in question should definitely hire an experienced Houston ALR Hearing Attorney, as one will not be appointed. It’s important to get a Houston ALR (Administrative License Revocation) Hearing Lawyer on board as soon as you have been charged with Driving While Intoxicated (DWI) in Harris County Criminal Court in order to give them ample time to prepare for your ALR (Administrative License Revocation) Hearing in Texas. The Houston ALR (Administrative License Revocation) Hearing Attorneys at Sullo & Sullo provide Houston Criminal Lawyer Free Consultations and are Houston Criminal Defense Lawyers with Payment Plans.
Issues Regarding Your ALR (Administrative License Revocation) Hearing Texas: During Your ALR (Administrative License Revocation) Hearing Texas, there are several issues which will be determined. The question of whether there was reasonable suspicion for the officer to believe you were Driving While Intoxicated—whether you exhibited any driving behavior which would lead the officer to believe you were impaired—will be determined, as well as whether there was probable cause for the officer to stop you in the first place. Whether you were offered the opportunity to provide a breath or blood specimen and whether you refused or complied with this opportunity will come to light as well as whether your Blood Alcohol Content (BAC) was above the legal limit if you agreed to the test. Drivers under the age of 21, commercial drivers, and boating drivers charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) may be subject to somewhat different issues.
Occupational Licenses, Texas - An Occupational License in Texas is a restricted license which may be issued to those whose Texas Driver's License has been suspended for specific offenses aside from medical reasons or failure to pay child support. This Occupational License in Texas allows the person to operate a non-commercial vehicle in connection with their occupation, for educational purposes or in the performance of essential duties. The ability to obtain an Occupational License in Texas—also known as a temporary restricted driver’s license may seem like a gift for those whose livelihood depends on their ability to drive, however there are issues related to this type of driver’s license to be aware of.
First, an Occupational License in Texas does not cover those who drive under a CDL (Commercial Driver’s License). It can take from two weeks to a month to get a Texas Occupational Driver's License (ODL) Hearing, and if an Occupational Driver's License (ODL) is granted, it will only be for a period of up to two years. If the suspension is longer than two years, re-application would be necessary. The Texas Occupational Driver's License (ODL) comes with certain restrictions regarding times and hours under which the Texas Occupational Driver's License (ODL) recipient can drive and is generally only good in the county or jurisdiction the Occupational Driver's License (ODL) was granted in.
How an ALR (Administrative License Revocation) Hearing Lawyer in Texas Can Help It is essential that you have highly knowledgeable Houston ALR Hearing Lawyer at your side from start to finish in the event you are facing Harris County Criminal Court Driving While Intoxicated (DWI) Charges. The Houston ALR (Administrative License Revocation) Hearing Attorneys at Sullo & Sullo can ensure your request for a Houston ALR (Administrative License Revocation) Hearing is made in a timely manner and will request all evidence from your arrest. If necessary, we can subpoena the arresting officer’s notes or records and, should the officer fail to show up at the ALR (Administrative License Revocation) Hearing in Texas, we will make sure those records are inadmissible. Because of the normal Texas Department of Safety (TxDPS) backlog, in many instances the Harris County Criminal Court Driving While Intoxicated (DWI) Case is adjudicated prior to the ALR (Administrative License Revocation) Hearing. The Houston ALR (Administrative License Revocation) Hearing Lawyers at Sullo & Sullo have the experience necessary to draft the petition and file in the proper court. We will ensure you, our client, fully understands the Houston ALR (Administrative License Revocation) Hearing and are properly prepared.