You can request a DMV hearing by mail, phone, fax, or online. You have 15 days from the date you were served noticed to request a hearing, per the Texas Department of Public Safety (TxDPS). If you submit your request after this period, it will likely be denied. From there, the suspension of your license will go into effect 40 days after you were served notice.
An Administrative License Revocation (ALR) provides you with the opportunity to contest the suspension of your license. During your hearing, your case will be overseen by an Administrative Law Judge (ALJ), who will make a determination based on the evidence provided by the state. Their decision will determine how long your license suspension will go into effect.
Important Information to Include with Your DMV Hearing Request
TxDPS notes that after you request a DMV hearing, it could take 30 to 60 days for it to be scheduled.
With your hearing request, along with your name, address, and phone number, you must include:
- The date of your arrest
- The name of the arresting officer and agency
- The name of the county where you were arrested
- Whether a blood or breathalyzer test was requested
- Whether you failed or refused a breathalyzer or blood test
A criminal defense lawyer can help you throughout the legal process. After listening to the details of your situation, a lawyer can determine how to present your case at an ALR hearing.
How to Prepare for Your Hearing
An ALR hearing is a serious matter. The state will be tasked with proving that you were legally intoxicated at the time of your arrest, and for that reason, your driving privileges should be suspended.
To retain your driving privileges, your lawyer might:
- Subpoena witnesses. Your lawyer might subpoena the arresting officer to testify regarding your intoxication. During your hearing, your lawyer will be able to ask the officer questions regarding your arrest. If you do not subpoena this witness, the court will go off the police officer’s written statement.
- Review the evidence against you. If the evidence presented by the state does not prove that you were drunk driving, then your lawyer could move for dismissal. Keep in mind that an ALR hearing refers only to your driving privileges. Whether or not you will be convicted of a crime is a different matter.
- Prepare testimony. Your lawyer will sit down with you and discuss what you should and should not say during your hearing. If you do not work with a lawyer, you might say something that could be used against you.
Preparing for your ALR hearing is essential. Showing up unprepared can result in the suspension of your driver’s license.
How a Criminal Defense Lawyer Can Help You
An ALR hearing is separate from criminal proceedings. You could “win” your ALR hearing and still be convicted of driving while intoxicated (DWI) at a later date. These proceedings only refer to your driving privileges.
It may take as long as 120 days to receive a date for your ALR hearing, per TxDPS. This grants you time to discuss your case with a criminal defense attorney. A lawyer can provide assistance not only in regards to your ALR hearing but also to the pending criminal charges against you.
If this is your first DWI offense and you are convicted, you could face a fine of up to $2,000, face up to 180 days in jail, and lose your license for up to a year, per the Texas Department of Transportation (TxDOT).
A lawyer can help you by:
- Reviewing the evidence in your case
- Determining how Texas law applies to your situation
- Determining whether your arrest was lawfully conducted
- Building an argument in your defense
- Contesting the evidence against you
- Using their network of legal resources on your behalf
- Advising you on your legal options
The combined stress of losing your license and facing criminal charges can be overwhelming. Yet, with the help of a criminal defense lawyer, you do not need to feel alone in this fight.
Contact the Law Offices of Randall B. Isenberg Today
Our founding partner, Randall B. Isenberg, has more than 30 years of experience in the criminal justice system. He once served as a former prosecutor and state district judge, and now works as a criminal defense lawyer. Our team can help you prepare for your ALR hearing, as well as represent you in any criminal proceedings.
When you call us today, you will enter into a free case review with a member of our team. They can explain in more detail how you can request a DMV hearing. To learn more, call us today at (214) 696-9253.
