Background of the Texas Administrative License Revocation (ALR) Hearing:
The Administrative License Revocation program was created by the Texas Legislature in 1993, becoming effective in 1995. The goal is to provide an efficient—yet fair—administrative hearing for those who have had their license suspended due to DWI or DUI charges to determine whether that suspension should be upheld. These hearings can be in-person or via the telephone and fall under the applicable laws of the following: State of Texas DWI/DUI laws, Texas Transportation Code, Texas Rules of Evidence, Texas Rules of Civil Procedures, the Administrative Procedure Act and DPS Rules.
Basics of an Administrative License Revocation (ALR) Hearing:
An Administrative Law Judge will control the hearing, listening to the evidence from both sides. The Administrative Law Judge is an experienced attorney and may conduct conferences pertaining to the case prior to the hearing. Once all the evidence has been presented, the Administrative Law Judge will issue a final decision. Should the ALJ determine that the Department of Public Safety has fully proven its case the driver’s license will be suspended. Should the ALJ determine the case simply didn’t have the evidence to prove the charges, the driver’s license will be reinstated. Either party has the option of appealing the Judge’s decision. DPS is represented by a DPS attorney while the defendant whose driver’s license is in question should definitely hire an experienced attorney as one will not be appointed. It’s important to get an attorney on board as soon as you have been arrested for a DWI or DUI in order to give them ample time to prepare for your Administrative License Revocation (ALR) Hearing.
Issues at Hand during Administrative License Revocation (ALR) Hearings:
During Your ALR Hearing there are several issues which will be determined. The question of whether there was reasonable suspicion for the officer to believe you were intoxicated—whether you exhibited any driving behavior which would lead the officer to believe you were impaired—will be determined, as well as whether there was probable cause for the officer to stop you in the first place. Whether you were offered the opportunity to provide a breath or blood specimen and whether you refused or complied with this opportunity will come to light as well as whether your BAC was above the legal limit if you agreed to the test. Drivers under the age of 21, commercial drivers, and boating drivers charged with DWI or DUI may be subject to somewhat different issues.
Occupational Driver’s Licenses
An Occupational Driver’s License is a restricted license which may be issued to those whose license has been suspended for specific offenses aside from medical reasons or failure to pay child support. This license allows the person to operate a non-commercial vehicle in connection with their occupation, for educational purposes or in the performance of essential duties. The ability to obtain an Occupational Driver’s License—also known as a temporary restricted driver’s license may seem like a gift for those whose livelihood depends on their ability to drive, however there are issues related to this type of driver’s license to be aware of.
First, an Occupational Driver’s License does not cover those who drive under a CDL (Commercial Driver’s License). It can take from two weeks to a month to get an ODL hearing, and if an ODL is granted, it will only be for a period of up to two years. If the suspension is longer than two years, re-application would be necessary. The ODL license comes with certain restrictions regarding times and hours under which the ODL recipient can drive and is generally only good in the county or jurisdiction the ODL was granted in.
Why You Must Get Experienced Legal Help
It is essential that you have highly knowledgeable legal counsel at your side from start to finish in the event you have been charged with DWI or DUI. The attorneys of Sullo & Sullo can ensure your request for an Administrative License Revocation hearing is made in a timely manner and will request all evidence from your arrest. If necessary, we can subpoena the arresting officer’s notes or records and, should the officer fail to show up at the Administrative License Revocation hearing, we will make sure those records are inadmissible. Because of the normal DPS backlog, in many instances the criminal DWI or DUI case is adjudicated prior to the ALR hearing. Sullo & Sullo attorneys have the experience necessary to draft the petition and file in the proper court. We will ensure you, our client, fully understands the ALR hearing and are properly prepared.
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