Administrative License Revocation Hearings...
AGAIN, YOU MUST REQUEST AN IN-PERSON ALR HEARING WITHIN 15 DAYS OF ARREST/SUSPENSION NOTICE TO EFFECTIVELY CHALLENGE THIS PROCESS AND DISCOVER IMPORTANT INFORMATION ABOUT YOUR CASE.
The ALR law took effect January 1, 1995. ALR is a civil, administrative process separate from criminal court proceedings. Its stated goal is to get drunk drivers off the road by revoking their driver licenses.
How ALR Works:
- A law enforcement officer decides that there is reasonable suspicion to stop a driver and probable cause to arrest the motorist for drunk driving.
- If the officer has reason to believe that the driver is impaired, a set of field sobriety tests is administered. If the driver fails the tests, the driver is arrested for DWI.
- Once at a police station or sheriff's office, the driver is asked to take a chemical test to measure his blood alcohol concentration (BAC) level. This is usually a breath test.
- The officer serves the offender with a notice that his driver license will be suspended if he or she refuses to take the test or fails it (registering a .08 BAC or greater).
- The officer confiscates the Texas driver license and issues a temporary driving permit.
- The driver has 15 days from the date that the suspension notice is received to request a hearing. If no hearing is requested, then the suspension goes into effect on the 40th day after notice was served (usually 40 days after arrest).
- The driver pays a $125 fee to reinstate the license after a period of suspension.
- The ALR process also applies to individuals arrested for boating while intoxicated (BWI) who refuse to take a chemical test.
Suspension Lengths:
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The driver's license is suspended for failing the BAC test for:
- 90 days, if a first offender;
- One year, if previously suspended for failing or refusing the test or previously suspended for DWI, intoxication assault or intoxication manslaughter conviction.
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The driver's license is suspended for refusing the BAC test for:
- 180 days, if a first offender;
- Two years, if previously suspended for failing or refusing the test or previously suspended for DWI, or intoxication assault or intoxication manslaughter conviction.
Results:
In 2000, 98,910 licenses were suspended under the ALR process.