Administrative License Revocations
If you have been arrested for driving while intoxicated in Texas, you may not realize that you have two cases pending against you. The first one is the DWI charge, which is a criminal case. The second is a civil case regarding your driving privileges, called the administrative license revocation, or ALR.
The outcome of those cases could put your freedom and your future in jeopardy. You need the Austin, TX DWI defense attorneys at Minton, Burton, Bassett, & Collins, P.C. Call us today at (512) 476-4873 or contact us via email. Our attorneys handle DWI and DUI cases in Travis, Williamson, Hays, Bastrop, Caldwell, Burnet and Comal counties.
ALR is based upon the principle of implied consent. In Texas, the law states that if you have been granted a license to operate a vehicle on public roads, you have provided your implied consent to providing a specimen of breath or blood if arrested for DWI. Therefore, if you refuse to submit to blood or breath testing, your license is suspended just as it would be if you failed the test. Note that you can also be compelled to comply with the test if you were involved in a serious or deadly accident.
This law also applies to boat operators – and boaters may have their driver's license suspended for refusing to provide a specimen for a blood or breath test if the boat engine has at least 50 horsepower.
ALR Hearing Request
Once you have received a notice of suspension – either for refusing to submit to testing, or for failing the test, you have 15 days to request a hearing. Usually, the deadline to request a hearing is 15 days after your DWI arrest. If you request a hearing within that 15-day period, you will temporarily regain your driving privileges until the hearing date.
Your ALR hearing will typically be scheduled 6-8 weeks from the date of your arrest, and you will be notified of the date. At the hearing, your attorney will present arguments as to why your driver's license should not be suspended – and the court may agree and decide not to suspend your license, or it will suspend your license according to the following penalty suspension periods:
- Refusing to take test – 180 days for a first offense, 2 years for a subsequent offense. (Prior offense is either prior test refusal, or prior license suspension for DWI, Intoxication Assault or Intoxication Manslaughter conviction during the past 10 years.)
- Test results of BAC .08 or higher – 90 days for a first offense, 1 year for a subsequent offense. (Prior offense is either a previous test failure, previous test refusal or prior license suspension for DWI, Intoxication Assault or Intoxication Manslaughter conviction during the past 10 years.)
Minors (under 21 years of age)
- Refusing to take a test – 180 days for a first offense, 2 years for a prior offense. (Prior offense is either prior test refusal, or prior license suspension for DWI, Intoxication Assault or Intoxication Manslaughter conviction during the past 10 years.)
- Test results showing ANY amount of alcohol BAC – 60 days for first offense, 120 days for second offense, and 180 days for 3rd offense.
Administrative License Revocation can seriously impact your freedom and ability to earn a living. While the license revocation charges may be civil, the inconvenience and embarrassment of having your driving privileges suspended only add to the difficulties already present in a DWI case. The attorneys at Minton, Burton, Bassett, & Collins will review your case carefully to determine if the arresting officer had probable cause to stop you in the first place – and if your reasons for refusing the test can be persuasively argued on your behalf in court.
If you or a family member has been charged with DWI, you have 15 days from the date the arresting officer serves you with a notice of suspension to request a hearing to contest the suspension or your license will be suspended. Usually, the deadline to request a hearing is 15 days after your DWI arrest.
Contact the Texas drunk driving attorneys at MBFC now by calling (512) 476-4873 or contact us via email. We will defend your rights and reputation.
We have 45 years of experience representing clients in Austin, TX and the surrounding communities, including: Travis County (Creedmoor, Elroy, Manor, Pflugerville); Williamson County (Cedar Park, Georgetown, Liberty Hill, Florence, Leander, Round Rock, Taylor); Hays County (Buda, Dripping Springs, Kyle, San Marcos, Wimberley); Bastrop County (Bastrop, Clearview, Elgin, Rockne, Smithville); Caldwell County (Lockhart, Luling); Burnet County (Bertram, Burnet, Marble Falls); and Comal County (Bulverde, Canyon Lake, Gruene, New Braunfels, Sattler, Startzville).