Posts tagged Administrative License
Will My DWI Charge Result in License Suspension in Houston Texas?
Sep 13th
Reader’s Question:
I know that if someone is arrested for DWI in Houston, Texas, the driver’s license could be suspended. But what I need to know is that, do all DWI arrests end in the suspension of the driver’s license of the DWI suspect?
Holly
Houston, TX
The driver’s license suspension that you are referring to is the Administrative License Revocation (ALR), but not all DWI arrests end with suspended driver’s licenses. In most DWI cases, a “Notice of Suspension” is served immediately after the breath or blood alcohol test is failed or refused by the DWI suspect. Unless and until the driver’s license becomes suspended, the DWI suspect could drive without restriction.
A lot of police officers in Houston, Texas tell the people they arrest for DWI that the license is suspended as of the moment of arrest, which is not true. The DWI suspect would automatically lose his driver’s license unless a hearing request is received by the Department of Public Safety within 15 days upon the DWI suspect’s receipt of his notice of suspension. Making a timely and proper request would entitle the accused to a hearing if the driver’s license would be suspended. This administrative hearing would be conducted by the State Office of Administrative Hearings (SOAH) and this usually happens within six weeks of arrest. The driver’s license suspension ranges from 90 days to two years.
What is a DWI ALR Hearing in Houston Texas
Aug 29th
Reader’s Question:
Aside from keeping my driving privileges if I win my ALR hearing, what are the other benefits of this, how would I request for the hearing and how many days do I have to file it if I am charged with DWI in Houston, Texas?
Liezl
Houston, TX
If you’re charged with DWI in Houston, Texas, your request for an administrative license revocation (ALR) hearing should be received by the Texas Department of Public Safety no later than 15 days after receiving or are presumed to have received “Notice of Suspension.” In most DWI cases, that would be the 15th day after you were arrested. The notice of suspension is a sheet of paper which usually doubles as your “temporary driving permit.” At the bottom of your notice, you will see a fine print that would explain how to request an ALR hearing. You could request a hearing by calling on weekdays during normal business hours or you could also send your request through fax.
An ALR hearing should be requested whenever possible because even if you lose your ALR hearing, your DWI lawyer could obtain critical documents and information about your DWI arrest through the driver’s license “discovery” process. These information and documents would help in defending your DWI case in the criminal court.
Houston TX DUI Breath Test Refusal
Jul 25th
Reader’s Question:
If I refused to take a breathalyzer test or any form of testing when found driving under the influence in Houston, Texas, would that automatically mean suspension of my driver’s license? And if yes, is there a way for me to prevent it?
Adrian
Houston, TX
When found driving under the influence in Houston, Texas, there is a process that you have to go through first before your driver’s license is suspended. After an arresting officer charged you for DUI, you have the right to what is called an Administrative License Revocation Hearing (ALR hearings). At the time of your arrest, you should receive a written notice about the suspension of your driver’s license. Then you will have 15 days from the date of receipt, to request in writing, a hearing from the Department of Public Safety (DPS) headquarters. If you fail to request a hearing, you will lose the right for ALR and your license will be suspended on the 40th day after receiving the notice.
If the officer did not give you a notice about your license suspension, you will still get a notice from DPS sent to you via certified mail. After receiving the DPS notice, you will have 15 days to file for a hearing instead of 15 days from the date of your arrest. A 5-day grace period is given after the notice is mailed, giving you 15 days to request for a hearing. But it is advised not to rely on receiving a notice from DPS to request a hearing or you might end up waiving the right for ALR.
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