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A DWI Lawyer in Texas Explains the Advantages of Requesting an ALR Hearing

Posted by Jennifer Hodges Kahn | May 31, 2013 | 0 Comments

The punishment for Driving While Intoxicated (DWI) spans: 

  • fines;
  • driver license suspension;
  • community service; and

the conviction will remain on your record forever. 

One of the first steps in the process is a civil proceeding called Administrative License Revocation (ALR) hearing. You must request this hearing 15 days after you were issued the notice of suspensionThis proceeding is separate from the criminal charge of DWI.

The burden of proof rests on the Department of Public Safety (DPS), and the evidence brought against you must satisfy certain criteria, such as: 

  • the police officer had reasonable suspicion to pull over the driver;
  • there was probable cause that the accused was driving, or was in physical control of the vehicle in a public place; and
  • the driver refused or failed the blood or Breathalyzer test

If the DPS fails to meet its burden of proof, the request for license suspension most likely will be denied. However, if the burden is met, your license can be automatically suspended but you can retain the right to appeal the decision.

Contacting a Houston-Area DWI Lawyer

Serving the Greater Houston Area, the Kahn Law Firm is a dedicated husband and wife team specializing in the practice areas of personal injury and criminal defense. Advocating for those charged with alcohol-related offenses like DUI and DWI, the Kahn Law Firm's attorneys are experts on the how field sobriety tests should be administered and evaluated. For a free consultation, call today – 1-844-301-KAHN.

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