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INTRODUCTION
If you are reading this guide, then you likely have been arrested for a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) allegation. If, as a result of your arrest, you voluntarily give a breath, blood, or urine specimen, and the results of this specimen are over the legal limit for alcohol (0.08), then your driver's license may be suspended for up to 90 days. If you refuse to give a specimen, then your driver's license may be suspended for up to 180 days. Typically, an arrest for these types of offenses will start a 15 day countdown during which a hearing may be requested to challenge the suspension of your driver's license. When you are arrested, the arresting officer normally will give a notice of suspension explaining your rights in this process. There is a link below to an example form indicating your rights. If you do not request a hearing within the required time limit, you will waive your right to a hearing and your license may be suspended. This guide was originally published here.
HOW TO REQUEST A HEARING
Typically, if you hire a lawyer to represent you, you should speak with them about requesting and representing you in an ALR hearing. A competent lawyer will know how to request a hearing and what steps to take once a hearing is scheduled. Some of the benefits of requesting a hearing include: not having your license suspended, being able to question the arresting officer(s) under oath prior to trial, and receiving pretrial discovery that could take weeks or months to receive otherwise. You may request a hearing online here: Or, you may request a hearing by fax as indicated on the DIC 25 Form the officer should have provided. Once the Texas Department of Public Safety (DPS) receives the necessary information within the required time limit, they will send notice to you or your lawyer of the scheduled hearing. After the hearing, an ALR Judge will decide if DPS may suspend your license.
HOW A LAWYER MAY HELP
A lawyer can assist with requesting a hearing, requesting discovery and production of documents, determining whether to subpoena the arresting officer, participating in the hearing, etc. An ALR hearing can be instrumental in the defense of a DWI/DUI charge. The purpose of this guide has been to explain how a hearing may be requested, the process of preparing and conducting a hearing, and some of the consequences of having or not having a hearing. This guide is not to create an attorney-client relationship. I recommend contacting a lawyer as soon as possible if you are arrested for DWI/DUI or believe your license may be suspended so that they can advise you of your legal rights.
