The program applies if you refused to take a breath or blood test after a DWI arrest or failed the test.
The length of the driver’s license suspension can vary from ninety (90) days to two (2) years. The refusal to submit to a breath test or a blood test can also result in an automatic twelve (12) month disqualification for individuals with a commercial driver’s license.
Administrative License Revocation Defense Lawyer in Fort Worth, Arlington, Grapevine, Keller, and Southlake, TX
Contact the Law Offices of Richard C. McConathy today for a consultation about your Administrative License Revocation. Our Firm helps community members throughout Tarrant County in Texas. Richard McConathy is an experienced DUI lawyer who will help you reinstate your driver’s license after a DWI offense or refusal to submit to testing.
Call (817) 422-5350for a consultation about your DWI license suspension throughout Tarrant County, Southlake, Fort Worth, Arlington, Grapevine, Keller, TX area. Contact the Law Offices of Richard C. McConathy as soon as you possibly can.
Request a Hearing for an Administrative License Revocation (ALR)
An attorney can help you decide whether you should request a hearing for an administrative license revocation (ALR) to contest the suspension of your driver’s license. If the request is submitted within the required 15 days after the arrest (or when the notice of the suspension is served), the DPS will send a letter to the individual to the address on record.
Do not wait until it is too late, if you request the hearing after the 15-day deadline, then the request will be denied. The letter will provide the date, time, and location of the hearing. In Tarrant County, hearings are held in the Administrative Judicial Region 8. It can take up to 120 days for the hearing to be scheduled.
The State Office of Administrative Hearings conducts the hearings. At the hearing, the Administrative Law Judge (ALJ) will listen to the evidence presented from each side. After the hearing, the ALJ will issue a final, appealable decision and order that will be served on all parties.
If the ALJ finds that DPS has proven its case, the ALJ’s order will authorize a suspension of the individual’s driver’s license. If the ALJ finds that DPS has not proven its case, then the individual’s driver’s license will not be suspended.
The ALR Process after a Tarrant County DWI Arrest
During a DWI investigation, if the DWI enforcement officer has reason to believe the driver is impaired by drugs or alcohol, then the officer will request that the driver submits to a series of field sobriety exercises.
If the driver performs poorly on the field sobriety exercises, then the driver can be arrested for DWI or BWI if the officer has probable cause that the person was operating the motor vehicle or boat while under the influence of drugs or alcohol. The DWI enforcement officer will then usually ask the driver to submit to either a breath or blood test to measure the blood alcohol concentration (BAC).
If the driver refuses to submit to a lawfully requested test of the breath or blood, then the driver’s license can be administratively suspended. The license can also be administratively suspended if the driver submits to the breath or blood test and the alcohol concentration is at or over the legal limit of .08. After the notice of suspension is served on the driver, the driver has 15 days to request a hearing.
If the hearing is not requested, then the driver’s license suspension goes into effect on the 40th day after the notice was served. In most cases, this means that the suspension normally begins 40 days after the DWI arrest.
The 40 days can be retroactive or back-dated from the date of the notice if the notice was not properly served.
After the arresting officer triggers the administrative suspension, the officer will take the driver’s license and issue a temporary driving permit. After the suspension, the driver can pay a $125 reinstatement fee for renewal or the issuance of a driver’s license.
Hearings for Administrative License Revocation (ALR)
After the administrative hearing process that upholds the suspension of your driver’s license, you may be eligible to appeal that final decision. Under §159.3 of the rules of procedure for ALS hearings, the final decision is a decision issued by a judge who hears the contested case or another judge who reviewed the record in its entirety and who is authorized under appropriate law to issue final decisions in an ALR case.
Different lengths of suspension can apply to adults and minors under the age of 21 years old. Additionally, a commercial driver or a holder of a commercial driver’s license (CDL) can be subjected to a period of disqualification for certain allegations that are alcohol or drug-related.
Rules of Procedure for ALR Hearings in Tarrant County
The rules of procedure of the administrative license hearings are found in Title 1, Part 7, Chapter 159, which were last updated in January of 2017. The ALR suspension means an administrative driver’s license disqualification, suspension, or denial under the ALR Program after an alcohol-related or drug-related enforcement contact as defined in Texas Transportation Code §524.001.
The rules apply to contested hearings before SOAH concerning administrative suspension, denial, or disqualification of drivers’ licenses under the Administrative License Revocation (ALR) Program governed by the Texas Transportation Code, Chapters 522, 524, and 724. The term “contested case” means a proceeding brought under Texas Transportation Code, Chapter 522, Subchapter I; Chapter 524, Subchapter D; or Chapter 724, Subchapter D.
The regulations provide for certain procedural safeguards to ensure the fair and expeditious determination of the case. The rules supplement the procedures provided in the Texas Government Code in Chapter 2001.
Obtaining the Occupational License in Tarrant County, TX
You might be eligible to apply for an occupational license after your driver’s license is suspended or revoked because of an administrative suspension.
Statutory Warnings after a DUI Arrest
The following statutory warning is contained in the DIC-24 form last revised in September of 2011. The officer must file out information about the case including the driver’s license number, date, time, and county of arrest. and subject’s name.
You are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code. You will be asked to give a specimen of your breath and/or blood. The specimen will be analyzed to determine the alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance in your body.
If you refuse to give the specimen, that refusal may be admissible in a subsequent prosecution. Your license, permit, or privilege to operate a motor vehicle will be suspended or denied for not less than 180 days, whether or not you are subsequently prosecuted for this offense.
If you refuse to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from you.
If you are 21 years of age or older and submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of 0.08 or more, your license, permit, or privilege to operate a motor vehicle will be suspended or denied for not less than 90 days, whether or not you are subsequently prosecuted for this offense.
If you are younger than 21 years of age and have any detectable amount of alcohol in your system, your license, permit, or privilege to operate a motor vehicle will be suspended or denied for not less than 60 days. However, if you submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of less than 0.08, you may be subject to criminal penalties less severe than those provided for under Chapter 49, Penal Code.
If you were operating a motor vehicle and you refuse to give the specimen or provide a specimen that shows you have an alcohol concentration of 0.08 or more, you may be disqualified from driving a commercial motor vehicle for a period of not less than one year.
You may request a hearing on the suspension or denial. This request must be received by the Texas Department of Public Safety at its headquarters in Austin, Texas, no later than 15 days after you receive or are presumed to have received notice of suspension or denial. The request can be made by written demand, fax, or other form prescribed by the Department.
I certify that I have informed you both orally and in writing of the consequences of refusing to submit to the taking of a specimen or providing a specimen. I have provided you with a complete and true copy of this statutory warning.
I am now requesting a specimen of your Breath Blood
The subject refused to allow the taking of a specimen and further refused to sign below as requested by this officer. OR
The subject refused to allow the taking of a specimen as evidenced by his/her signature below.
I further certify that because you are a child as defined in Section 51.02, Family Code, the above request for a specimen and your response has been videotaped.
Officer’s Signature Officer’s Printed Name Agency Telephone No.