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<\/h2>\n<\/h2>\nALR Hearing Law went into effect on January 1, 1995. This program is the administrative process by which the Department suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). Specifically, an individual may be suspended if he\/she either refused to submit to a chemical test or provided a specimen with an alcohol concentration of 0.08 or greater. The DPS<\/a> is also authorized to suspend the driver licenses of minors who commit the offense of driving under the influence (DUI).<\/p>\n The Texas Legislature recently enhanced the program by amending the governing statutes to require that the arresting officer confiscate the offender\u2019s Texas driver license upon service of a Notice of Suspension and issue a 40-day temporary permit. In addition, the amendments provided for increased suspension periods, as well as a suspension for individuals who refuse to provide a specimen following an arrest for the offense of boating while intoxicated (BWI)<\/a>.<\/p>\n The ALR Hearing is conducted at a location designated by State Office of Administrative Hearings (SOAH) in either the county of arrest (if the arrest occurred in a county with a population in excess of 300,000) or within 75 miles of the county seat of the county of arrest. Alternatively, both parties may agree to hold the hearing by teleconference, however we believe that it is in the best interest of our client to have an in-person ALR hearing. The hearing is conducted by an Administrative Law Judge (ALJ) employed by SOAH and the DPS<\/a> has the burden of proof by a preponderance of the evidence. If the judge makes an affirmative finding on all the relevant issues, the license is suspended. An individual whose license has been suspended following an administrative hearing may appeal the decision rendered by the ALJ. The petition must be filed within thirty days of the decision in the county court in the county of arrest. A properly filed appeal petition stays the suspension for first offenders for up to ninety days.<\/p>\n Criminal Defense Attorney Gilbert G. Garcia<\/a> will send notice to the DPS<\/a> requesting a hearing within 15 days of the date of your arrest.<\/p>\n DPS sets the case for hearing, we notify you and we calendar the ALR hearing date.<\/p>\n We send DPS<\/a> a Request for Production requesting a copy of the police officer sworn report, the breath test and or blood test (if one exists) and the DPS paperwork for the ALR hearing.<\/p>\nALR Hearing Procedures<\/h2>\n
The Gilbert G. Garcia Law Office: ALR Hearing DWI Hearing Procedures<\/h3>\n