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Hearing Information

About ALR – ALR Help Dallas Texas – DWI Attorney Dallas

The Administrative License Revocation Program (“ALR”), part of the State Office of Administrative Hearings (“SOAH”), was created by the Texas Legislature in 1993, to provide an efficient and fair process for suspending the driver’s licenses of individuals who choose to drive on Texas highways while intoxicated.

A driver who either fails or refuses to take a breath or blood test after being arrested for DWI will have his or her driver’s license suspended unless, within 15 days of the time he or she received a notice of suspension, a hearing is requested. If a hearing is requested, a SOAH ALJ will preside over the hearing.

Location of Hearings for Administrative License Revocations in Dallas – DWI Attorney Dallas
A person may request that the hearing be held in a SOAH hearing room or by telephone. The Department of Public Safety (“DPS”) notifies any person requesting a hearing of the location, date and time of the hearing.

Law Governing Hearings for ALR cases in Dallas – DWI Attorney Dallas
Applicable law in an ALR case may include the following:

DWI laws of the State of Texas.
Texas Transportation Code.
Administrative Procedure Act.
Texas Rules of Civil Procedure.
Rules of the Department of Public Safety.
Rules of the State Office of Administrative Hearings.

Right To Attorney for ALR Hearings in Dallas Texas – DWI Attorney Dallas
The DPS will be represented by a DPS attorney at the hearing. A defendant (the person whose driver’s license is in question) may employ an attorney. The ALJ will not appoint an attorney for the Defendant. A party intending to employ an attorney should do so early enough before the hearing date for the attorney to prepare for the hearing.

Issues Decided At ALR Hearing*

Breath Test Refusal
(Suspension for not less than 90 days)

Was there reasonable suspicion or probable cause for the officer to stop or arrest the driver?
Was there probable cause for the officer to believe the driver was intoxicated?
Was the driver offered the opportunity to provide a specimen of breath or blood?
Did the driver refuse to provide a specimen?

Breath Test Failure
(Suspension for not less than 60 days)

Was there reasonable or probable cause for the officer to stop and or arrest the driver?
Was there probable cause for the officer to believe the driver was intoxicated?
While driving or in actual physical control of a motor vehicle in a public place, did the driver have an alcoholic concentration of 0.08 or greater?

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