The Administrative License Revocation (ALR) Program is civil process operated by the Texas Department of Public Safety (TPS). ALR comes into play when individuals refuse or fail to take a blood or breath test following an arrest for either driving while intoxicated (DWI) or boating while intoxicated (BWI). Under the ALR program, individuals who refused chemical testing can face an automatic driver’s license suspension for a period of 90 days to two years, depending on the circumstances. For individuals who hold commercial driver licenses (CDL), the penalty is a one-year license suspension.
After a driver or watercraft operator refuses to undergo chemical testing of their blood alcohol content (BAC) levels after law enforcement requests them to do so, they receive a notice (usually on the same date of their arrest) stating that that their driver’s license will be suspended if they fail or refuse to take a BAC test. The law enforcement officer handling the arrest will take the individual’s driver license and issue them a temporary driving permit that remains in effect until the suspension goes into place.
After receipt of the suspension notice, they only have 15 days from the date of the notice to request an ALR hearing in order to contest the suspension. If they fail to request a hearing, the license suspension becomes effective on the 40th day following the date of the notice.
Assuming that the driver requested a timely ALR hearing, DPS will send notice of the hearing within 120 days. The driver must appear in front an administrative law judge (ALJ), who will hear evidence from both sides and later issue a written order. If the ALJ finds in favor of DPS, the order will suspend the individual’s license, and if not, the license will not be suspended.
For adults, a license suspension for failing or refusing to take a chemical test results in a 180-day license suspension for a first offense. However, if adult drivers previously refused a chemical test or have a prior conviction for DWI, intoxication assault, or intoxication manslaughter within the prior ten years, the suspension period increases to two years.
If you find yourself charged with any type of criminal offense, you need legal advice that only experienced Texas criminal defense attorneys can offer you. As the consequences of any criminal conviction may be severe, you should immediately contact a skilled defense lawyer for help if you have been accused of a criminal offense. Peek & Toland provides strong legal representation on a regular basis for individuals who are charged with various crimes. It is our priority is to represent your interests and protect your rights. Call us at (512) 474-4445 and schedule an appointment to speak with us today.