Getting charged with a DWI can make your world spin. You’re accused of a crime that could change your life for the worse, may be facing jail time, and now you’ve got to worry about administrative license revocation.
In addition to the legal fees, disruptions to your personal and professional lives, and distress of being charged with a crime, there’s a chance you may not be able to drive your car. For most people, winning your ALR hearing and successfully avoiding administrative license revocation isn’t optional; it’s absolutely necessary.
The trusted Houston DWI lawyers from Thiessen Law Firm are here to tell you exactly why and how to avoid license revocation in Texas. If you or a loved one has been charged with DWI and have yet to request your ALR hearing, you’ve got to work fast: you only have 15 days to save your license.
Need guidance? Call Thiessen Law Firm at (713) 864-9000 for time-tested representation.
What is administrative revocation?
First things first, what is an administrative license revocation in Texas? In the DWI process in Texas, administrative license revocation (ALR) is a civil process separate from any criminal charges you’re facing associated with a DWI. The process is initiated by the Texas Department of Public Safety (DPS) when you refuse to take or fail a blood alcohol content (BAC) test.
It’s important to recognize that even if you are found Not Guilty for the DWI you have been charged with, your license can still be suspended through the ALR hearing process. The two really are that separate.
Here are the key elements of an ALR hearing:
- The process begins when you either fail or refuse a BAC test.
- After this event, you only have 15 days to request an ALR hearing; otherwise, you will face automatic administrative license suspension.
- Your suspension will last anywhere from six months to two years, depending on if you have any prior offenses or if there are any aggravating factors in your case.
Going through the ALR process can be tough, especially because the DPS operates on razor-thin deadlines, but knowing what to expect — and having a skilled DWI lawyer ready to defend you during the hearing — can make all the difference.
How to avoid administrative license revocation in Texas
Avoiding administrative license suspension requires knowing the rules and acting quickly to defend yourself. If you plan on protecting your driving privileges, you’ll have to do the following:
- Have a plan when pulled over, and know your rights. When you’re pulled over, you have the right to refuse a BAC test, but it can result in automatic suspension of your driver’s license. Choosing wisely in the moment can give you more options in the coming ALR hearing and DWI case.
- Request your hearing quickly. If you’re wondering how to request a hearing for a suspended license in Texas, you can do it on the Texas DPS’ ALR request form, but we recommend having your attorney do it for you.
- Hire an experienced private attorney to challenge the evidence. The validity of the traffic stop, the efficacy of the field sobriety tests, and the accuracy of the BAC testing are all in play, but you’ll need an experienced and aggressive attorney to successfully challenge them.
We specified that you should hire a private attorney for your ALR hearing rather than taking a court-appointed one. Here’s why.
Court-appointed lawyers and ALR hearings in Texas
While public defenders are hard-working and necessary pieces of the justice system, court-appointed lawyers and DWI don’t always mix. There are a few reasons for this, chief among them:
- Court-appointed lawyers are paid by the county to defend you in your criminal case, NOT your ALR hearing. They won’t request one, and they can’t represent you at one.
- Even if your court-appointed lawyer wins your DWI case and secures you either a Not Guilty verdict or a dismissal, your ALR license suspension will still be public and follow you around for the rest of your life.
- A win in an ALR hearing can set the stage for a win in a DWI case, and Thiessen Law Firm wins 95% of ALR hearings for our clients.
This isn’t to say that you shouldn’t take a court-appointed lawyer when facing a charge for DWI in Texas, just that you should know the limitations of the system and make the best choice for you. It should go without saying that your chances of winning an ALR hearing, which is like getting an ALR hearing dismissed, are astronomically higher with an attorney representing you.
Continue reading: Chances of winning ALR hearing in Texas
What does ALR suspension failure mean in Texas?
If you fail to request your ALR hearing within the 15-day window or request a hearing and unsuccessfully contest the suspension of your license, there will be a handful of immediate consequences.
- You will face license suspension lasting anywhere from six months to two years. Driving without a license during ALR suspension can have pretty severe consequences.
- You may need to seek an occupational license to drive for essential purposes, which requires more legal fees and tough-to-get court approval.
- You may need to secure costly SR-22 insurance.
- You may be put into an alcohol treatment program, which can include reeducation classes or community service — and this is before criminal charges have even been litigated.
- You’ll need to wait out your suspension before going through the costly license reinstatement process.
Failure to address your license suspension can, of course, further complicate things, both administratively and for your upcoming criminal charges for DWI.
I won my ALR hearing, now what?
While winning your ALR hearing is a huge victory, you’re not out of the woods yet; you’ve still got to worry about your criminal charges for DWI. Winning an ALR hearing is an extremely important first step of the DWI process, and as we said, it can set the tone for a successful criminal trial.
If you won your ALR hearing, we’re going to assume that you hired a DWI attorney who successfully defended you during it. If this is the case, all you can do is keep to the straight and narrow and put your faith in your Houston DWI lawyer.
If you don’t have a skilled DWI attorney ready to represent you in your criminal case, hire one immediately. Seriously, there is no time to waste, and without a winning Texas DWI lawyer, you won’t stand a chance against the aggressive prosecution that Texas brings against those accused of DWI.
Avoid administrative license revocation with Thiessen Law Firm
Having the right legal team in place can make all the difference in protecting your driving privileges from administrative license revocation and defending your freedom against DWI charges.
Remember, you only have 15 days to save your license. Put an attorney you can trust in your corner and set yourself up for success for your ALR hearing and your criminal charge before it’s too late.
Mark Thiessen and the team at Thiessen Law Firm made their name taking complex DWI charges to court and winning them. Our proven track record of helping clients avoid administrative license suspension and beat DWI charges speaks for itself.
You don’t have to go at it alone. Call Mark Thiessen and Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation.
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- Is a DWI a Felony in Texas?
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- What Is the Statute of Limitations in Texas for DWI?
- Texas DWI Penalties Explained By a Top DWI Lawyer
