The police officer is requesting DPS suspend your DL because you refused to provide a specimen of your breath and/or blood, or you provided a specimen a specimen with an alcohol concentration greater with a level specified in Section 49.01 , Texas Penal Code – most likely you are over the age of 21, you refused to submit to a breath test or you did submit to a breath test and the result was over the legal limit of 0.08. Within the last 2 years there has been a further development by law enforcement that after you refuse to submit to a breath test, the police officer swears out a warrant and requests a judge to “force” you to submit to a blood draw. If this happened in your case, you are still not off the hook as DPS still regards this as a “refusal.” You have the legal right within FIFTEEN (15) DAYS after being served with the notice of suspension or denial of a license, permit or privilege to request an Administrative License Revocation (ALR) hearing.
If you agreed to a blood test, the police officer should have returned your license as it is unlikely the blood specimen has been analyzed, therefore the police office does not know whether your specimen is a level specified in 49.04 Texas Penal Code – or over the legal limit. In this case, after analysis of your blood specimen, if the result is over the legal limit, DPS will send you written notice that your license will be suspended in 20 days unless you request an administrative hearing. You have the legal right within TWENTY (20) DAYS after being served with the notice of suspension or denial of a license, permit or privilege to request an Administrative License Revocation (ALR) hearing.
If you make a timely request for an ALR hearing, your license, permit, or privilege to operate a motor vehicle WILL NOT be suspended or denied until the ALR hearing has been held and then only if an affirmative finding is given. The purpose of the ALR hearing is to determine whether or not there is sufficient cause to suspend your driving privilege – specifically, whether there was reasonable suspicion to stop or probable cause to arrest. If the Administrative Court does not find sufficient cause existed, then a suspension or denial will not be ordered; however, if the Administrative Court finds that sufficient cause existed, then a suspension or denial may be ordered. This ALR hearing is separate and distinct from the DWI criminal case.
In order for the Administrative Court to reach an affirmative finding, DPS must prove the following things:
1. that the police officer had reasonable suspicion to stop your or probable cause to arrest you;
2. that probable cause existed that you were operating a motor vehicle in a public place while intoxicated;
3. that you were placed under arrest and “properly warned” of the consequences of providing or refusing to provide a specimen of your breath and/or blood; and
4. that following the “proper warning,” you a) refused to provide a specimen of your breath and/or blood requested by the arresting officer, or b) voluntarily provided a specimen of breath and/or blood and the test result showed an alcohol concentration of 0.08 or greater.
In addition to the possibility of winning the ALR hearing and preventing a suspension of your driving privilege, the ALR hearing also provides invaluable discovery of the information and evidence of the DWI criminal case.
Any client who contacts me within the 15 day period and retains me to represent them on their DWI criminal case, I include ALR hearing representation as part of the DWI representation fee – I think it is that important that you request your hearing within the 15 days. Additionally, if you are uncertain about retaining someone so quickly, I will provide a form letter to request the ALR hearing on your own to preserve this valuable right and discovery tool while you make such an important decision.
If I may be of assistance, I encourage you call my office at (972) 234-8208 or email me at jwtidelljr@tidwell-law.net to set up an appointment and discuss your case.
Disclaimer The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.
