How long do I have to contest my license suspension?
In Texas, anyone who is arrested for DWI is at risk of having his or her license suspended by the Department of Public Safety (DPS). If you were arrested for DWI, you must request an ALR Hearing within 15 days of your arrest, or license suspension is automatic. ALR stands for Administrative License Revocation. This is a civil process based on suspected criminal activity but is conducted separately from your criminal case. Under the Due Process clause of the United States Constitution, the government must allow a hearing for this attempt at license suspension if you request it, before they can deny your liberty.
Usually the officer reads you a warning regarding suspending your license at the time of your arrest. Sometimes, however, that does not happen. If the officer does not notify you of a license suspension, DPS will mail the notice to you. You will have 15 days from the time you receive notice to request a hearing. If you did not receive notice by one of these two methods, you need to immediately contact DPS and an experienced Texas DWI Defense Attorney to help you protect your rights.
Call 214.702.CARL(2275) to speak with Carl David Ceder about contesting your license suspension now.
Under what conditions will my license be suspended?
Your license to operate a motor vehicle may be suspended if you have refused to submit to a chemical test, or if you submitted to a test but that test showed an alcohol concentration of 0.08 or greater. "Minors" who are arrested for the offense of Driving Under the Influence (DUI), which in Texas means that a person under age 21 had any detectable alcohol in their system, are also at risk of license suspension.
Occupational Driving Licenses for "Essential Needs"
Ordinarily the arresting officer will confiscate the suspect’s license upon serving the Notice of Suspension. You will be given a temporary driving permit, which lasts 40 days from the date of arrest. If you have not won your ALR hearing, or obtained an occupational license by the end of that time period, you could potentially be arrested for Driving While License Suspended, a Class B misdemeanor. The amount of time a license will be suspended varies depending upon the charge and your history with DWI offenses. Carl and his legal staff can help you obtain your Occupational Driving License (ODL) should the need arise. To read more on License Suspensions for DWI charges, please click here.
Why else should I request an ALR hearing?
One more advantage of conducting an ALR hearing is the opportunity to cross-examine the arresting officer on the reason for the traffic stop and regarding any evidence that could have been used to establish probable cause for arrest. This can be very helpful in trying to have your case thrown out if the stop was illegal or the arrest was unreasonable in any way. Everything the officer says at an ALR hearing is on the record and can be brought up at a later hearing or trial. Any subsequent statements that might differ from his testimony at the ALR hearing can be used against him, thereby affecting his perceived credibility.
The Department of Public Safety also bears the burden of proof during ALR hearings. No suspension may be imposed after an ALR has been timely requested, until the Department of Public Safety proves the following elements by a "preponderance of the evidence" at the hearing:
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;
4. And 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.
If you need a highly skilled, dedicated, and knowledgeable License Suspension and Occupational Driving License Attorney, please call The Law Offices of Carl David Ceder at 214.702.CARL(2275) now.
Do I really stand a chance of winning an ALR hearing?
Yes! Experienced, aggressive attorneys like Carl David Ceder can do everything possible to help you win these hearings and prevent your license from being suspended. Attorney Carl Ceder has successfully defended clients at ALR hearings and prevented their licenses from being suspended. The government employs attorneys whose sole job is to go after license suspensions, so you need to hire someone who will fight for you.
Carl will carefully examine all of the evidence against you and use it to fight for your license. In many cases, officers may not be able to adequately establish that there was a reasonable suspicion to stop or that there was probable cause to arrest you for DWI. If you have been charged with DWI in the Dallas-Fort Worth area, including all surrounding counties, please call Carl Ceder and get the aggressive legal defense you deserve!
Can we appeal if I lose my ALR hearing?
Yes! You must appeal the ALR decision within 30 days or you will waive your right to appeal.
How long will my license be suspended if I lose my ALR hearing?
If you refused to submit to a chemical test during a DWI investigation, suspension periods are as follows:
► 1st Offense – 180 days
► 2nd Offense, with prior DWI, Intoxication Assault or Intoxication Manslaughter conviction within previous 10 years – 2 years<
If you submitted to a chemical test, but your alcohol concentration was .08 or greater:
►1st Offense – 90 days
► 2nd Offense, with prior DWI, Intoxication Assault or Intoxication Manslaughter conviction within previous 10 years - 1 year
Are there fees associated with losing my driver’s license at the ALR hearing?
Another reason to contest the suspension is that you can potentially save money in the long run. If your license is suspended and you do not obtain an Occupational License in a timely manner, you risk being arrested for DWLS (driving while license suspended) and could face up to 180 days in jail and up to a $2,000.00 fine. If convicted of DWLS your license will be suspended even longer.
Occupational licenses can get expensive. An occupational license will involve filing fees, reinstatement fees, SR-22 insurance expenses, and alcohol counseling - easily costing $1,000 or more.
Get the Help You Need 24/7 From a Skilled Texas DWI Defense Attorney
If you need help protecting your driver's license, contact Carl David Ceder at 214.702.CARL(2275) today. If you have been arrested DWI please contact our office immediately so you can speak to someone right away.
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and personal assistance. E-mail messages will be responded to with 24-48 hours, depending on whether Carl is in trial.