ALR Hearing Lawyer
Houston DWI Lawyer Tad A. Nelson
405 Main St. #840, Houston, TX 77002 • 281-502-2122
Looking for an ALR Defense Lawyer in Houston?
Call Houston DWI Lawyer Tad A. Nelson today!
It’s not uncommon for our law office to receive phone calls and visits from Houstonians and other Texans regarding ALR hearings as they are inextricably linked to DWI arrests and Texas Driver License suspension.
Our office is committed to serving our friends and neighbors in southeast Texas. We encourage anyone reading this page, who has questions about ALR hearings, to call our offices for immediate assistance.
We know that it’s impossible to survive in the Houston region without the freedom to drive so we provide aggressive legal representation and pursue multiple options for clients of ours who find themselves in a predicament that could result in the suspension of their driver license via the Administrative License Revocation process.
Featured on this page are some of the most common questions asked of us regarding the Administrative License Revocation (ALR) process and the Medical Advisory Board (MAB).
Understanding the ALR Process
DWI or BWI charges in which the officer cites a refusal of the motorist to participate in blood or breath testing will result in an immediate motion to revoke the driving privileges of the accused party.
We’ve also seen the ALR process applied to drivers who were suspected and convicted of using marijuana while driving in the form of a DUI prosecuted as a marijuana possession case.
This process takes place before the accused party has an opportunity to challenge their accuser in court which provides some leeway for their legal representation to motion the court to block license suspension or to secure some form of provisional driver license such as an occupational driver license.
In order for a defendant’s attorney to contest the suspension of the accused party’s Texas Driver License or to request an Occupational Driver License, the attorney must successfully appear in or request an ALR hearing to facilitate their requests.
What’s an ALR hearing?
The Texas Department of Public Safety operates and manages the Administrative License Revocation program. The ALR program is the process by which the State of Texas pursues the administrative revocation of the Texas Driver License of the accused party via a litigation process which occurs in a civil court setting.
This litigation process is separate from the criminal case as the courts, and presiding judges will be different, but the outcome of the hearing, whether positive or negative, could have an impact on the case for the originating charge.
The ALR program is intended for individuals who chose to affirm their rights and refuse to take part in police department administered biochemistry testing involving blood and breath sample collection and analysis. As a DWI lawyer in Houston for nearly 30 years, I don’t recommend that anyone who’s ever stopped on suspicion of DWI to take part in blood or breath sobriety testing.
Do I have to request the ALR Hearing?
Absolutely. If you’re interested in fighting the suspension of your Texas Driver License, it’s essential that you or your DWI attorney initiate a request for an Administrative Revocation Hearing within roughly 15 days from the date of your originating arrest. Failure to request an ALR hearing will result in the suspension of your Texas Driver License after about a month-to-50 days from the date of the originating DWI arrest.
Are ALR hearings winnable?
Defendants in Texas DWI cases can enjoy at least two benefits which could be seen as winning an ALR hearing. One way that a defendant can benefit from an ALR hearing is their driving privileges will be not suspended until the presiding judge issues a ruling. The ruling process could take up to 40 or 50 days in some cases.
Another way that an individual can benefit from an ALR hearing is by using the opportunity to allow their ALR hearing attorney to cross-examine the accusing officer under oath. We’ve seen more than few cases in which officer testimony at a Houston ALR hearing has had positive effects on the original drunk driving case.
Officers tend to compose themselves differently in civil hearings than in criminal hearings which can result in a difference of testimony. Such inconsistencies can lead to a dismissal of the originating drunk driving charge.
What factors will the judge consider at my hearing?
During the hearing, questions related to reasonable suspicion on part of the arresting officer, probable cause, blood and breath specimen testing, and whether or not the defendant was over the legal BAC limit will be the most important items for consideration during your hearing.
How long is the driver license suspension period?
Depending on the circumstances of your case and any habitual history related to matters involving driving, the driver license suspension period could last from 90days to 2 years.
However, successfully enduring your Texas Driver License suspension period might not be the end of the suspension in a practical sense because the Medical Advisory Board (MAB) may have to approve the reinstatement of your Texas Driver License which will take additional time. Then, there’s no guarantee they’ll approve of the request, and if they do, it will be after some additional requirements are satisfied.
What is the Medical Advisory Board?
The Medical Advisory Board (MAB) is an organization of doctors appointed by the State of Texas to ensure that it’s safe to grant driving privileges to individuals who may have chemical dependencies or other healthcare concerns. Their objective is to prevent the issuance of driver licenses to individuals who might represent a threat to themselves or the general public if allowed on the open road with a vehicle.
Individuals who are normally referred to the MAB after the suspension of their Texas Driver License are;
- those who have multiple convictions for drug possession or DWI on their record,
- people who reported their medical condition(s) to the state,
- and cases where a person was referred to the MAB by DPS after being tipped off by a citizen, police officer, judge, or doctor.
Resources
- TxDPS – Administrative License Revocation
- TxDPS – Occupational Driver License
- Medical Advisory Board
- Petition for Occupational Driver License
- Driver’s License Hearings Forms
- Driver License Hearings Filing Information
- State Office of Administrative Hearings
- Texas Driver License Suspension Information
- Driving While License Suspended
Can I qualify for an Occupational Driver License?
The State of Texas will allow some motorists with “essential needs” to maintain a level of driving privileges albeit on a restricted basis. If an individual is convicted for an offense which results in the suspension of their Texas Driver License, they may be allowed to obtain an occupational driver license to travel to and from work, school, and to perform essential household duties.
Individuals whose licenses are suspended due to medical purposes or as a result of a child support delinquency will not qualify for an occupational license.
What’s the Texas Driver License reinstatement fee?
Depending on your situation, there may be numerous fees associated with having your Texas Driver License reinstated. For starters, the reinstatement fee associated with ALR suspensions is roughly $125.00 and may be accompanied by other fees.
Other fees associated with TDL reinstatement may include a Driver Improvement (DI) fee, a Safety Responsibility (SR) fee, and ALR fee, and Education Program fee, and other fees due by the driver for related or unrelated purposes. If you want specific details about your fees, visit the DPS Driver License Division to check your driving eligibility status and reinstatement fees.
Looking for an ALR Lawyer in Houston, TX?
Call Houston DWI Lawyer Tad A. Nelson Today!
Attorney Tad A. Nelson is top-rated highly trained DWI lawyer who has proved a capability of being successful on some of the most challenging alcohol-related criminal cases to see the light of day in Texas courtroom.
Tad Nelson is Board Certified® in criminal law by the Texas Board of Legal Specialization™, a member of the National College of DUI Defense, holds a Master’s Degree in forensic science, and one of only a few ACS/CHAL Lawyer-Scientists who are currently taking on drunk driving clients in Houston.
If you have questions about the potential for your case or would like to discuss having Tad to represent you at your ALR hearing or on your DWI case, call our law firm at your earliest convenience by calling us at 281-502-2122.
Meet Attorney Tad A. Nelson
Attorney Tad A. Nelson is a Texas Board Certified® criminal-law attorney, an ACS/CHAL Lawyer-Scientist, founding member of the DUI Defense Lawyers Association and a member of the National College of DUI Defense. If you need to discuss a serious criminal case with an aggressive defense attorney that’s training and experience is optimized for DWI defense in Houston, call Tad Nelson or Amber Spurlock at 281-502-2122. All consultations and initial case evaluations are free and 100% confidential.
