Harris County Criminal Defense: Houston ALR Hearings

Those who refuse to take a breath test when they are under suspicion of Driving While Intoxicated (DWI) in Harris County could have their Texas Driver's License suspended even if they escape a Harris County Driving While Intoxicated (DWI) Conviction. A Houston Administrative License Revocation (ALR) Hearing is a separate civil, administrative proceeding unrelated to your Harris County Criminal Case pending at Harris County Criminal Court that is employed to determine whether or not a suspension of your Texas Driver's License will in fact be suspended. Taking this proceeding seriously must involve engaging a knowledgeable and experienced Harris County Administrative License Revocation (ALR) Hearing Attorney to represent you in this matter. The Houston Administrative License Revocation (ALR) Hearing Lawyers at Sullo & Sullo provide Free Houston Administrative License Revocation (ALR) Hearing Consultations and offer Affordable Harris County Administrative License Revocation (ALR) Hearing Payment Plans.

Background of the Harris County Administrative License Revocation (ALR) Hearing:

The Administrative License Revocation 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 Driving While Intoxicated (DWI) Charges to determine whether that suspension should be upheld. These Administrative License Revocation (ALR) Hearings 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 a Harris County Administrative License Revocation (ALR) Hearing:

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 Houston Administrative License Revocation (ALR) Hearing. 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 Harris County Administrative License Revocation (ALR) Hearing Attorney as one will not be appointed. It’s important to get a Houston Administrative License Revocation Hearing (ALR) Lawyer on board as soon as you have been arrested for Driving While Intoxicated (DWI) in order to give them ample time to prepare for your Administrative License Revocation (ALR) Hearing. The Harris County Administrative License Revocation (ALR) Hearing Attorneys at Sullo & Sullo provide Free Harris County Administrative License Revocation (ALR) Hearing Consultations and offer Affordable Houston Administrative License Revocation (ALR) Hearing Payment Plans.

Harris County Administrative License Revocation (ALR) Hearings Issues:

During Your Harris County Administrative License Revocation (ALR) Hearing 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.

Houston Occupational Driver’s Licenses

A Harris County Occupational Driver’s License 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 Driver's License 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 Driver’s License—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, a Houston Occupational Driver’s License 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 Harris County Occupational Driver's License (ODL) Hearing, and if a Houston 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 Houston Occupational Driver's License (ODL ) comes with certain restrictions regarding times and hours under which the Harris County 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 a Houston Administrative License Revocation (ALR) Hearing Lawyer Can Help

It is essential that you have highly knowledgeable Harris County Administrative License Revocation (ALR) Hearing Lawyer at your side from start to finish in the event you are facing Harris County Driving While Intoxicated (DWI) Charges. The Houston Administrative License Revocation (ALR) Hearing Attorneys at Sullo & Sullo can ensure your request for a Houston Administrative License Revocation (ALR) 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 Harris County Administrative License Revocation (ALR) Hearing, 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 Driving While Intoxicated (DWI) Case is adjudicated prior to the Administrative License Revocation (ALR) Hearing. The Houston Administrative License Revocation (ALR) 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 Administrative License Revocation (ALR) Hearing and are properly prepared.

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