Everything You Need to Know About the Administrative License Revocation (ALR) Process in Texas DWI Cases

 Posted on April 21,2021 in DWI / DUI

San Antonio DWI defense attorneyIn recent years, more focus has been placed on catching those who choose to drive while intoxicated (DWI) and preventing it from happening in the first place. In Texas, one of the programs that has been implemented as a deterrent for people to avoid drinking and driving is the Administrative License Revocation (ALR) program. Like in most other states, you can lose your driver’s license in Texas through an administrative process if you are arrested for DWI under certain circumstances. If you are facing administrative penalties relating to a DWI, sometimes known in other jurisdictions as a DUI, a DWI defense attorney can help you understand your options. 

The ALR Process and Implied Consent

If a police officer suspects that you have been drinking and driving, he or she will likely pull you over and request that you perform a series of field sobriety tests. If one of these tests involves a preliminary chemical breath test, you have the right to refuse the test without facing consequences. However, once you have been arrested, you are subject to implied consent. This means you must submit to chemical testing or face the consequences set forth by the state of Texas, which is a driver’s license suspension. Since you have not yet been convicted of DWI, this is not a criminal charge, but rather an administrative process that is separate from the criminal element of your case.

How Does the ALR Process Work?

Once you have been placed under arrest, the police officer will ask you to provide a sample for chemical testing to determine your blood-alcohol concentration (BAC). You will be subject to an administrative license revocation if:

  • You refuse to submit to testing to determine your BAC.
  • You submit to testing, but your resulting BAC is 0.08 percent or more; or
  • You submit to testing, but your resulting BAC is 0.04 percent or more while driving a commercial motor vehicle.

If you refuse testing, the officer will take your driver’s license and issue you a temporary permit, along with a suspension notice. You then have 15 days to request a hearing to contest your license suspension. If you submitted to testing, but failed the testing, the officer will let you keep your license, but only until the Department of Public Safety receives your results. Once the department has received your failing BAC results, they will mail you a notice of suspension and a temporary driving permit. In any case, the driver’s license revocation goes into effect 40 days from the date the suspension notice was issued.

Discuss Your Case With Our San Antonio, TX DWI Defense Attorney Today

At the Law Offices of Sam H. Lock, we understand how crucial it is for you to be able to keep your driving privileges. If you have been arrested for DWI, you only have so much time to request a hearing to reinstate your driving privileges and keep yourself behind the wheel. Do not hesitate. Let our tenacious Bexar County DWI defense lawyer begin work on your case today by calling our office at 1-888-SAM-LOCK to schedule a

 

Sources:

https://www.dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.724.htm

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