how to win an alr hearing without a lawyer

The quickest way to win an ALR hearing is to properly subpoena the arresting officer. If the witness does not show up to the hearing the witness’s affidavit and paperwork is not admitted into evidence. The DPS attorney has to show “good cause” on why the witness did not appear.

Full Answer

What is an ALR hearing?

Nov 06, 2020 · If the officer did not have probable cause to arrest you, you will win the ALR hearing. Step 5: Failure to Read Statutory Warning. If the officer did not read you the DIC-24 statutory warning asking you for a sample of your breath or blood, you should win the ALR hearing. Step 6: Request the Breath Records

What happens if you win a DWI case but NOT AN ALR?

Sep 01, 2021 · More on that below. 3. Subpoena witnesses. One of the quickest ways to have your ALR hearing dismissed is to subpoena the arresting officer. If they do not show and the DPS attorney isn’t able to present “good cause” as to why they did not appear, their paperwork will be excluded from the evidence.

How long do I have to schedule AN ALR hearing after DWI?

How to Win and ALR Hearing. The quickest way to win an ALR hearing is to properly subpoena the arresting officer. If the witness does not show up to the hearing the witness’s affidavit and paperwork is not admitted into evidence. The DPS attorney has to show “good cause” on why the witness did not appear.

How do I get a hearing for a suspended license in Texas?

Oct 25, 2017 · An ALR hearing is a civil administrative hearing, not a criminal proceeding. An Administrative Law Judge (“ALJ”) will hear all the State’s evidence and your evidence and determine whether to uphold the suspension. The ALJ will consider the evidence and then issue a final, appealable decision.

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What does DPS have to prove at an ALR hearing in Texas?

At an ALR hearing, the state will be required to show there was reasonable suspicion for a stop, probable cause for your arrest, and that you were...

How long does it take to get an ALR Hearing?

Once your attorney requests the ALR hearing, it can take two weeks to 120 days for DPS to schedule a hearing date. Your attorney will be notified o...

How do I get my license back after the DWI license suspension period in Texas?

After the suspension period is over, you may contact your local DPS office to have your license reinstated. You will be responsible for paying a re...

Can an ALR decision be appealed?

Yes. You will be forced to pay a fee to appeal the underlying decision, but you may appeal the ALR decision. This also grants you more time to driv...

What happens at an ALR hearing?

An ALR hearing is a civil proceeding less commonly known as a DMV hearing. During the hearing, the department of public safety (DPS) must prove that you drove a vehicle in a public place with a BAC of 0.08 or higher and were given an opportunity to consent to a breath or blood test and read your rights.

How long does it take to get an ALR hearing?

It can take two weeks to 120 days to get an ALR hearing date. DPS will send a response to the address on file containing the time, day, and location of your hearing. If you do not submit your request within 15 days, it will be denied. Requesting a hearing is your only opportunity to fight against the revocation of your license.

How to prepare for a DMV hearing

Before you do anything else, hire a Houston criminal defense attorney who is prepared to argue your case. They will be able to handle every step of the ALR process for you while bringing the aggressive representation you need to save your license.

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Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.

What is an ALR hearing witness?

ALR Hearing Witnesses. If the driver or attorney for the driver wants the arresting officer (s) to appear a subpoena must be issued. There are procedures and timelines required to subpoena witnesses. These rules must be followed properly or the subpoena will not be enforceable.

How long does it take to get a hearing for ALR suspension in Texas?

Winning a Texas ALR suspension hearing is not impossible. First, you must request a hearing within 15 days of the refusal or failure test. The request deadline is within 20 days of the DPS letter if it was a consensual blood test failure. You must ask for discovery. You must show up to the hearing prepared to argue the case with or without your witnesses present.

What happens if DPS fails to provide proper records?

If DPS fails to provide properly requested records after the defendant has paid reasonable copying charges for them, evidence of the breath specimen shall not be admitted into evidence.”. DPS must prove that the DIC 24 was read to the driver and breath and/or blood test was refused.

What does a DPS attorney have to prove?

The DPS attorney has to prove that police had a right to stop, detain and arrest the driver. If it is not clear that the officer had a legitimate reason to stop the driver than the case for a driver’s license suspension cannot be proven.

What happens if a witness does not show up to a hearing?

If the witness does not show up to the hearing the witness’s affidavit and paperwork is not admitted into evidence. The DPS attorney has to show “good cause” on why the witness did not appear. The judge will base a ruling on whether the hearing should be delayed based on whether good cause is shown.

How long is a driver's license good after a hearing?

Once a hearing is properly requested the person’s driver’s license is good until an eventual hearing. If the hearing officer finds that not enough evidence exists for a suspension, than the driver is free to immediately get a new license from the DPS. If enough evidence exists, the driver’s license will be suspended for the period of time stated in the judge’s order.

Is there proof that a hearing is not input into the system?

This can be time consuming waiting for an operator. There is also no proof in case the hearing is not input into the system.

What is an ALR hearing?

An ALR hearing is a civil administrative hearing, not a criminal proceeding. An Administrative Law Judge (“ALJ”) will hear all the State’s evidence and your evidence and determine whether to uphold the suspension. The ALJ will consider the evidence and then issue a final, appealable decision.

What does an ALJ do?

The ALJ will consider the evidence and then issue a final, appealable decision.

What happens if you refuse to take a breath test in Texas?

What is an Administrative License Revocation Hearing in Texas? If you are arrested for a DWI and fail or refuse to take a breath or blood alcohol test, the Texas Department of Public Safety can automatically suspend your driver’s license.

What happens if you fail a test?

If you took and failed a test, proof the test results were not valid. If you took and failed a test, proof the test was not administered in the proper manner. If the test was not administered, proof you agreed to take to the test and the officer never administered it.

Can you challenge a suspension?

However, you are entitled to challenge the suspension at an Administrative License Revocation (“ALR”) hearing.

Is the burden of proof on the state to prove a DWI?

Yes. The burden of proof is on the State to prove its case. Hiring an experienced DWI attorney puts you in the best position to win at your hearing.

Why do you need an ALR hearing in Texas?

Requesting an ALR hearing will force the Texas Department of Public Safety (DPS) to have to prove they have an actual case against you. DPS will need to demonstrate that the officer who arrested you for DWI had reasonable suspicion or probable cause to initiate the arrest.

How long do you have to wait to get an ALR hearing?

It should be pointed out that you only have 15 days to request an ALR hearing after you have been arrested for DWI. Because of this, it is important that you consult with an experienced attorney as soon as possible.

What to do if you fail a breathalyzer test?

If you failed a blood or breath test, DPS will need to prove the following: 1 You had a BAC of .08 or higher when you were operating your vehicle 2 The existence of probable cause or suspicion for you being stopped by police

Can you win an ALR hearing by default?

If DPS is unable to establish strong reasoning for your arrest, you can win your ALR hearing by default.

What is an ALR hearing?

An ALR Hearing is an administrative hearing where an Administrative Law Judge will hear evidence about whether your license should be revoked. An ALR hearing is a civil proceeding, not criminal.

How long does it take to get an ALR hearing?

ALR Time Line. After your DWI arrest, it is crucial to quickly engage a qualified DWI attorney. You may have as little as 15 days to schedule an ALR hearing after being charged with a DWI. Remember that an ALR hearing is a separate matter from your criminal DWI case.

What can an attorney do for a DWI?

An experienced, qualified attorney can help attack, undermine, and defend against the State’s case. For example, your attorney can help prove the officer did not have reasonable suspicion to stop you, probable cause to arrest you, or help you challenge critical procedural errors in the State’s case. Texas DWI Law.

What happens if you refuse a breath test in Texas?

Most Texans do not realize that if you refuse to take a breath or blood alcohol test in Texas, the Texas Department of Public Safety (“DPS”) can automatically revoke your driver’s license.

Can you get suspended for DWI if you won?

What that means is, even if you win your DWI case, you may still find yourself with a suspended license if you did not schedule an ALR hearing to challenge the suspension.

Who can represent you at a DWI hearing?

A seasoned DWI attorney can (and should) represent you at this hearing.

What is an ALR hearing?

Once your license has been seized, you only have a very short window of time to request an Administrative License Revocation (ALR) hearing with the Department of Public Safety. An ALR hearing is separate and distinct from any criminal charges that you may face. The ALR is only concerned with the fate of your license.

What does the Administrative Law Judge consider?

Deliberation: The Administrative Law Judge will consider all relevant arguments, evidence, and testimony that was presented during the ALR. Upon careful consideration, he or she will enter a final judgment. If the judge decides in your favor, you will be able to keep your license. If the judge decides against you, your license will be suspended.

What happens if you fail a driver's test?

If you refuse or fail a test, police have the right to seize your license upon arrest. When the license is seized, a temporary driver's permit will be issued in its place.

Can you appeal an ALR hearing?

You also have the right to appeal the results of your ALR hearing. It's important to speak with an attorney because there are only limited arguments that can be used in an appeal.

Can the state dispute an attorney's argument?

State Arguments: The State will dispute any arguments your attorney raises. However, success will be difficult if your attorney has backed his claims with solid pieces of evidence.

Is losing an ALR a good idea?

It's important to understand that losing your ALR case isn't the end of the world. In fact, the ALR can provide some great insight into the state's criminal case against you. Since you requested the ALR, your attorney will be able to take a look at some of the state's evidence against you. Even more information can be uncovered during the hearing itself. This information can be invaluable as we prepare your criminal DWI defense.