Explaining the ALR Hearing
By Zendeh Del Law Firm
Feb. 25, 2011 9:31a
On January 1, 1995, the state of Texas implemented the Administrative License Revocation (ALR). If you have been arrested for DWI or if you have refused to submit to chemical testing, the Department of Public Safety (DPS) has the legal right to suspend your driver’s license. Under the ALR program, the arresting officer will serve you with a Notice of Suspension, and he will confiscate your driver’s license at the time of your arrest. In order to avoid suspension, you must request an ARL hearing within 15 days of receiving the Notice of Suspension, if you fail to request the ALR hearing; the driver’s license suspension will go into effect automatically on the 40th day after your arrest.
If you have been arrested for DWI in Texas, it is very important to request an ALR hearing. The outcome of the
ALR hearing will determine the future of your driving privileges. The course of your ALR hearing will depend on whether you failed a chemical test or if you refused a chemical test. If you failed a chemical test, it will be up to the DPS to prove: if you had a BAC of 0.08 percent or greater while operating a motor vehicle, if the arresting officer had probable cause to stop you, if the officer had probable cause to believe you were driving while intoxicated in a public place, if the officer requested that you submit to chemical testing and, if you refused to submit to chemical testing.
Your driving privileges are very important. The ALR hearing is a crucial time to have an experienced and qualified DWI attorney by your side. The burden of proof is on the DPS, if a judge feels they have insufficient evidence against you, he will throw the case out and the DPS will have to return your driver’s license to you. On the other hand, if the DPS provides sufficient evidence, then your driver’s license suspension will go into effect immediately.
ALR Hearing Attorney in Plano
If you or someone you care about has been arrested for DWI in Plano or the surrounding areas, it is vital that you seek the assistance of an experienced Plano ALR hearing lawyer from the Zendeh Del Law Firm, PLLC. With our DWI knowledge and experience, we may be able to help you avoid a driver’s license suspension so you can keep your driving privileges.
Contact a Plano ALR hearing attorney from our firm today for a free consultation.
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