One of the harshest penalties for drunk driving is the driver’s license suspension. Even for a first-offense DWI, you face the automatic suspension of your license for up to a full year. In addition to a significant financial penalty and the potential for jail time, losing your license can prevent you from getting to work or school, or even handling basic personal errands such as going to the doctor, the bank, or the grocery store. You must attend a hearing to determine what happens to your license. Known as the administrative license revocation (ALR) hearing, this proceeding takes place separate from the criminal portion of your case. An ALR suspended license lawyer in McKinney can help you navigate this process.
The legal team at the Law Offices of Randall B. Isenberg provides legal representation for McKinney clients facing the suspension of their driver’s license for DWI. Contact us today at (214) 800-5859 to learn more about how we can protect your legal rights and fight for your right to retain your license.
What Is an ALR Suspended License Hearing?
In Texas, the Department of Public Safety (DPS) oversees the ALR Program. The purpose of the ALR program is to penalize Texas motorists who drive or boat while intoxicated, or refuse to take a breathalyzer or blood test for blood alcohol content (BAC) when the police request it.
When you obtain your Texas driver’s license from DPS, you agree that you will:
- Not drive while intoxicated; and
- Submit to BAC testing when an officer deems it appropriate.
The penalty for violating this agreement is the suspension of your license for a period of 90 days to two years.
When the police pull you over for DWI, they typically use field sobriety testing to determine your ability to operate a vehicle. If they determine they have probable cause to establish intoxication, they will seize your license and issue you a temporary permit to drive.
You have 15 days from the date of your arrest to schedule your ALR suspended license hearing. If you fail to request a hearing, DPS will suspend your license automatically after 40 days.
Attending the ALR hearing is critical. It is the only opportunity you have to fight to keep your driver’s license.
How Can a Lawyer Help Me?
When you select the Law Offices of Randall B. Isenberg to represent you in the ALR proceedings, you can rest assured that our team will protect your legal rights throughout this process. We will schedule the hearing on your behalf and make sure you appear at the appointed time and location. We will prepare you in advance to ensure that you do not make any statements that could compromise either the ALR hearing or your criminal case.
The ALR hearing—sometimes called a DMV hearing—is an administrative proceeding, rather than a criminal proceeding. It goes forward no matter what happens in your criminal case, even if the prosecution reduces or drops the criminal charges pending against you.
Our team handles the scheduling of your ALR suspended license hearing, a process that can confuse many clients. The temporary driving permit the police issue contains instructions on how to schedule your hearing. You must make your request in writing, via the U.S. Postal Service, or by submitting an online form on the DPS website.
Upon receipt of your request, DPS sends a written confirmation to the address on record for your driver’s license. If you do not have your current address on file, you may have no way of knowing whether DPS received your request or scheduled your hearing.
When our legal team handles this for you, we can make the request directly and receive confirmation on your behalf, taking the risk and guesswork out of the process.
An administrative law judge will oversee the hearing, following the same legal protocols and rules of evidence as a criminal proceeding. During the hearing, the arresting officer in your case gives sworn testimony as to why you should lose your license. You will also give sworn testimony during the hearing, which the prosecutor can use against you in your criminal case.
Consequently, it is important that you have legal representation at your suspended license hearing as well as during your criminal appearances. Our legal team will represent you at the hearing and question the arresting officer under oath. This could give us valuable information about the prosecution’s case against you.
Our legal team can also argue for your ability to keep your license. If the judge rules to suspend your license, we can appeal the decision or petition the court to grant you an occupational license. An occupational license allows you to drive legally to work and school, and to tend to essential household needs like going to the grocery store, bank, or doctor’s office.
In addition to protecting your legal rights, our team will be there every step of the way to answer your questions and explain your options so that you can make the most informed choices for your future.
Meet With an ALR Suspended License Lawyer in McKinney at No Cost
Before you make any decisions regarding drunk driving charges or the ALR suspended license hearing, schedule a complimentary consultation and case review with the Law Offices of Randall B. Isenberg.
Attorney Randall Isenberg has worked inside the Texas criminal justice system for more than three decades. Serving as a chief felony prosecutor and a state district court judge before going into private practice, he understands the complex legal system and how to achieve the best possible outcome in your case. His unique insight and willingness to work tirelessly on your behalf ensure he has what it takes to get the job done for you.
Contact us today (214) 800-5859 to schedule an appointment or to learn more about how we can help you navigate the ALR suspended license hearing process.