DWI Blog
If you’ve recently been arrested in San Antonio, Texas for a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), you may be wondering what exactly an Administrative License Revocation (ALR) hearing is and how to request one.
In this blog, we’ll cover everything you need to know about ALR hearings in San Antonio, including what they are, why they matter, and how you can request one to protect your driving privileges. Additionally, we’ll guide you through the process and provide insight into how Attorney Robert Barrera Arellano can assist you in navigating these complex legal procedures. If you’re looking for experienced legal help, don’t hesitate to contact the Law Office of Robert Barrera Arellano at 210-247-4189.
An ALR hearing is a legal proceeding that is initiated after a person is arrested for driving under the influence (DUI) or driving while intoxicated (DWI). This hearing focuses on the administrative suspension of your driver’s license. The Texas Department of Public Safety (DPS) automatically begins this process when an individual is arrested under suspicion of DUI or DWI.
For many people, losing their driving privileges can be one of the most significant consequences of a DUI or DWI arrest. If you fail to attend an ALR hearing or don’t fight the suspension, you could lose your license for months or even longer, making it incredibly difficult to get around for work, school, or family commitments. The ALR hearing gives you an opportunity to challenge the suspension and fight to keep your driver’s license.
When you’re arrested for DUI or DWI, you’re typically asked to provide a breath or blood sample. If the sample indicates that your blood alcohol concentration (BAC) is over the legal limit of 0.08%, the officer may seize your license on the spot and inform you that you have 15 days to request an ALR hearing. The ALR hearing is a civil administrative procedure—not a criminal one—and it takes place in front of an administrative judge instead of a jury.
During the hearing, both the officer who arrested you and your attorney will present evidence to the judge. The DPS will argue that your license should be suspended based on the evidence of intoxication, while your attorney will attempt to discredit the evidence and argue that the suspension should be lifted.
The judge will make a decision based on the facts of the case. If you win the hearing, your license will not be suspended. If you lose, the suspension will be upheld.
As mentioned earlier, you must request the ALR hearing within 15 days of your arrest. Failing to make this request will result in an automatic suspension of your license. Here’s how to go about it:
If you fail to request an ALR hearing within the 15-day window, the Texas Department of Public Safety will automatically suspend your driver’s license. The suspension will be in effect for a period of time, which can vary based on your situation (for example, if you refused the breathalyzer test or had a BAC over 0.15%).
If your ALR hearing is unsuccessful, meaning the judge upholds the suspension of your license, you could face:
On the other hand, if you win the hearing, you retain your driving privileges and avoid these penalties. This is why it’s crucial to have strong legal representation to ensure the best possible outcome.
Navigating the ALR hearing process can be complicated, and having an experienced attorney by your side is essential. Attorney Robert Barrera Arellano specializes in DUI and DWI cases in San Antonio and can help you navigate the legal intricacies of the ALR hearing process. By working with an experienced attorney, you give yourself the best chance of protecting your rights and avoiding unnecessary penalties.
If you’re facing an ALR hearing or need legal representation for a DUI or DWI case, don’t hesitate to reach out to Robert Barrera Arellano.
At an ALR hearing, the evidence used to determine whether your license should be suspended includes:
Preparation is key to a successful ALR hearing. Here’s how you can get ready:
Yes, in some cases, it is possible to request a delay for your ALR hearing, but it requires a valid reason. If you need more time to prepare your case or secure legal representation, consult with your attorney about requesting a delay.
Some common mistakes that can negatively affect your case include:
An ALR hearing is an important part of the process following a DUI or DWI arrest in San Antonio, Texas. If you’ve been arrested and want to challenge the suspension of your driver’s license, it’s crucial to request an ALR hearing within the specified time frame and to be well-prepared. Attorney Robert Barrera Arellano is here to help you navigate the ALR hearing process and protect your driving privileges.
You must request an ALR hearing within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your license.
If you win the ALR hearing, your license will not be suspended, and you can continue driving legally in Texas.
In some cases, you can request a delay, but you must have a valid reason. Consult with your attorney for guidance.
If you lose, your license will be suspended for a period of time, typically 90 days, and additional penalties may apply if you are convicted of DUI or DWI.
While you are not required to have an attorney, it is highly recommended to have legal representation to ensure the best chance of success in your hearing.
From our office in San Antonio, Texas, we serve clients throughout Atascosa County, Frio County, Wilson County, Karnes County, and Bexar County, including but not limited to Pearsall, San Antonio, Floresville, Jourdanton, Karnes City, Dilley, Moore, Bigfoot, North Pearsall, Hilltop, Pleasanton, Poteet, Leming, Christine, Charlotte, La Vernia, Sutherland Springs, Stockdale, Poth, Saspamco, Kenedy, Runge, and Falls City.
