In many cases, a Texas ALR attorney can help those Texans facing a license revocation hearing after being charged with DWI. Essentially, you—along with your Texas ALR attorney, should you consult one—will face two, separate cases—a criminal prosecution and an Administrative License Revocation Hearing. When a person in Texas is arrested and charged with DWI, their license will be confiscated and their Texas ALR attorney, on their behalf, will have fifteen days to request an ALR hearing. This hearing determines whether the license of the person charged with DWI will be suspended.
As your Texas ALR attorney can tell you, those who refuse to take a breathalyzer test in the state of Texas may have their license suspended even if they are later found innocent of the charges. Your Texas ALR attorney will also explain to you that your ALR hearing is a civil, administrative hearing, therefore unrelated to the criminal DWI case pending against you. The stated goal of the Administrative License Revocation hearing is to provide a fair hearing for those whose driver’s license has been suspended; your Texas ALR attorney will be well-versed in in the applicable laws surrounding the ALR.
What Occurs at an Administrative Law Revocation Hearing?
You and your Texas ALR attorney will appear at the hearing, during which an Administrative Law Judge—who is also an experienced attorney—will listen to evidence from both sides. Your Texas ALR attorney may raise the question of whether there was reasonable cause for the traffic stop—in other words, whether you exhibited any behaviors behind the wheel which would give the officer reason to believe you were intoxicated. The question of whether the officer followed proper procedure during your arrest will also be raised by your Texas ALR attorney.
Your Texas ALR attorney will determine whether you were offered the opportunity to provide a blood or breath specimen and whether you complied or declined the opportunity. Once all evidence has been presented, the Judge will issue a final decision. It is up to the Department of Public Safety to provide sufficient evidence to prove the charges against you, otherwise your license will be reinstated.
Other Issues Your Texas ALR Attorney May Bring to Light
There are other issues related to the revocation of your driver’s license which your Texas ALR attorney can bring to light. Perhaps your Texas ALR attorney feels you were targeted because of your race or ethnicity rather than because of erratic driving behaviors. Perhaps you were not properly provided with Miranda warnings as part of the process. Your Texas ALR attorney may also challenge the field sobriety tests based on such issues as medications you may be taking, the shoes you were wearing at the time, age, or a medical condition you were experiencing at the time.
For instance, your Texas ALR attorney may claim your eyes were bloodshot due to lack of sleep, allergies, or because you wear contact lenses. In any case, should the ALR Judge’s decision not be in your favor, your Texas ALR attorney has the option of appealing that decision.
An experienced and well-qualified Texas ALR attorney will ensure your request for an ALR hearing is made in a timely manner, will obtain all evidence from your arrest and will ensure you fully understand the ALR hearing and are properly prepared.