Administrative License Revocation

After an arrest, a police officer notify the driver that if he refuses to take a breath or blood test, his license will be automatically and immediately suspended. However, this is not correct. When police officers make a DWI arrest, they are required to take possession of any license issued by Texas and held by the person arrested. They then issue a temporary driving permit that expires on the 41st day after the date of arrest. In addition, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

The Request for a Hearing

An ALR suspension happens automatically unless you submit a request to a hearing to challenge the suspension, This request must be in writing, within 15 days after receiving notice of suspension. If a hearing is requested in a timely fashion, the suspension will automatically begin on the 41st day after notice was received. No action will be taken regarding the suspension if a hearing is requested until after the hearing has taken place, even if the hearing is scheduled beyond the 40 days following the arrest. FIn addition, in the event of an ALR appeal, the suspension can be delayed for an additional 90 days.

ALR Hearing

The burden of proof at an ALR hearing falls on the Department of Public Safety. If a driver or his attorney has made the request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing:

There was probable cause to arrest or reasonable suspicion to stop the driver

That probable cause existed and the driver was in actual physical control of a motor vehicle or driving in a public place while intoxicated,

The driver was arrested and was offered an opportunity to give a take a BAC test after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND

The driver refused to give a sample on request of the officer, OR, that the driver failed a blood or breath test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.

If you have been arrested for DUI/DWI in Dallas, call a top DUI attorney. Contact Peter Barrett, experienced Dallas criminal lawyer.

Our law offices are located at:

3500 Oaklawn Avenue, Suite 700
Dallas, Texas 75219