In Texas, following a DWI arrest, an Administrative License Revocation (ALR) hearing is conducted to determine whether a driver's license should be suspended. The issues that must be proved at the hearing by a preponderance of the evidence include whether the person had an alcohol concentration above the legal limit while operating a motor vehicle or watercraft, or if the person was a minor with any detectable amount of alcohol in their system, and whether there was reasonable suspicion to stop or probable cause to arrest the person.

Prior to the ALR hearing, the individual must request the hearing within 15 days of receiving the notice of suspension or denial. This request can be made in writing, including via facsimile transmission, and must be sent to the Department of Public Safety (DPS) headquarters in Austin. The request for hearing will pause the suspension procedure and it the license will not be suspended until the hearing is held.

During the hearing, the administrative law judge (ALJ) will consider whether reasonable suspicion or probable cause existed to stop or arrest the person, whether probable cause existed to believe the person was operating a motor vehicle in a public place while intoxicated, whether the person was placed under arrest and requested to submit to a specimen test, and whether the person refused to submit to the test. If the ALJ finds in the affirmative on these issues, the suspension is sustained; otherwise, the driver's license will not be suspended.

To prepare for the hearing, it is crucial to review all relevant documents, such as the officer's report and any video evidence, and to object to any post-arrest evidence being used to establish reasonable suspicion or probable cause. Additionally, it is important to subpoena key witnesses, such as the arresting officer, to ensure their presence at the hearing, as their testimony is critical to the admissibility of certain evidence. The request for discovery should be sent to DPS.

The Law Office of Anthony Ray Smith has handled numerous ALR Hearings, knows the law and the technical, scientific make-up of field sobriety tests, blood tests, and breath tests. Additionally, Anthony knows how to identify and proactively address any constitutional rights violations or traffic stop issues to benefit your case. Contact the office today at 713-242-8917  to handle your DWI case and ALR Hearing in Harris County, Galveston County, or any surrounding counties. Do not hesitate to schedule a free consultation and get immediate advice.