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Administrative License Revocation Hearing

Representation from an Experienced DWI Attorney in San Antonio

The administrative license revocation hearing is separate from the DWI charge you face. It is an optional hearing in which you may petition to not have your license revoked. If you refused or failed a blood/breath test, your license is subject to suspension unless you request an ALR hearing and the judge rules in your favor.

If you've been charged with a DWI, the officer will confiscate your license and give you a temporary license in its place. You have only 15 days from the date of the failure or refusal of a breath test to request a formal Administrative License Revocation (ALR) Hearing. If the ALR hearing is not requested within the 15 days, it is waived and your license suspension will begin automatically on the 41st day after the failure or refusal of the breath test.

However, if you request the hearing, the Texas Department of Public Safety cannot suspend your license until after your hearing. ALR hearings are a very important part of defending a DWI case. Our attorney may be able to avoid any license suspension by having the ALR hearing. In addition, it is a valuable opportunity to require the state to produce the evidence they intend to use against you. At the hearing, we will have the chance to question the officer under oath. That will give our team an opportunity to lock the officer into their observations of you and your stop. This is important because if the officer changes their testimony during the trial, we can show the jury they are not being honest.

DPS must prove the following at an ALR hearing for you to have your license revoked:

  • The arresting officer had probable cause to stop or arrest you
  • The arresting officer had probable cause to believe you were operating a vehicle in a public place while intoxicated
  • The arresting officer placed you under arrest and requested that you take a breath/blood test.
  • You refused to submit to the test OR your BAC tested at .08 or more

Your license suspension hearing lawyer can request that the arresting officer appear in court to testify in person. If the officer does not appear, you win your case automatically. If the officer does appear, your lawyer can cross-examine and look for inconsistencies between the in-person testimony and written account of arrest.

Call our knowledgeable DWI attorney in San Antonio at (210) 361-7322 to learn more about ALR hearings and how we can help you. Call now and schedule your free consultation.

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