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DWI License Suspension Facts
WARNING: YOU HAVE LESS THAN 15 DAYS from the date of your arrest to prevent your driver’s from being automatically suspended.
To prevent your license from you must request an ALR hearing from the date of your DWI arrest. If you fail to request a hearing within 15 days or if you don’t properly request a hearing, your driver’s license will automatically be suspended for 40 days after your arrest.
ALR hearings are importation because it gives you an opportunity to challenge the suspension of your driver’s license. At the Administrative License Revocation (ALR) Hearing what DPS must prove depends on whether you failed or refused breath and/or blood testing.
If you failed the test, DPS must prove only that:
- You had an alcohol concentration of at least 0.08 while operating a motor vehicle in a public place; and
- Reasonable suspension to stop you or probable cause to arrest you existed.
- If you refused the breath/blood testing, what DPS must prove broadens to:
- Reasonable suspicion to stop you or probable cause to arrest you existed;
- Probable existed to believe you were operating a motor vehicle I a public place while intoxicated;
- Officer requested you submit to a breath and/or blood testing; and
- You refused the breath and/or blood test.
If the judge believes that there is insufficient evidence to suspend your license, DPS must immediately return your confiscated driver’s license at the ALR hearing. However, if the judge believes that DPS has met its burden of proof, the license suspension goes into effect immediately. In such circumstances we may be able to help you obtain an Occupational driver’s license for the duration of the suspension.
