Arrested for Drunk Driving?
DWI / DUI
24 / 7
Jail Release
512- 469-6056
Choosing the
Right Lawyer
Texas DWI laws
are both political
and complex.
Know Your Rights!
Ten Mistakes
How to avoid 10 of the biggest mistakes most people make after being arrested for Drunk Driving.
DWI / DUI
Police Mistakes
Mistakes the police make . . . and how they can help you.
What Happens Next After A DWI Arrest?
There are usually both Motor Vehicle & Court Proceedings required when a DWI or Drunk Driving citation has been issued.
DWI Facts
A Summary of Texas Administrative License Suspension Laws DWI and "Administrative License Revocation" in the State of Texas
Fighting Your
Texas DWI
Still Undecided
about fighting
for your Texas
drivers license?
Please Read This
DWI Related Links
& Information
A DWI Can
Limit
Your Driving
& Travel Plans
Your Texas
Occupational License
MADD Is
Out Of Control
Restricted
Interlock License
DWI & Drugs
Need More
Information On DWI In Texas?
Click here!
|
|
Administrative
License Revocation (ALR) Program |
Administrative License Revocation (ALR) Program
Overview
ALR went into effect on January 1, 1995. This program is
the administrative process by which the Department
suspends the driver licenses of individuals who are
arrested for the offense of driving while intoxicated (DWI).
Specifically, an individual may be suspended if he/she
either refused to submit to a chemical test or provided a
specimen with an alcohol concentration of 0.08 or greater.
The DPS is also authorized to suspend the driver licenses
of minors who commit the offense of driving under the
influence (DUI).
The Texas Legislature recently enhanced the program by
amending the governing statutes to require that the
arresting officer confiscate the offender's Texas driver
license upon service of a Notice of Suspension and issue a
40-day temporary permit. In addition, the amendments
provided for increased suspension periods, as well as a
suspension for individuals who refuse to provide a
specimen following an arrest for the offense of boating
while intoxicated (BWI).
Mission
The ALR program was designed to suspend the driver
licenses of dangerous drivers in a swift and sure manner.
Funding
The ALR program is supported entirely by state funds. To
date, no federal funds have been received by DPS to
administer the program.
Personnel
The ALR Legal Section consists of 53 employees, including
44 attorneys and 9 support personnel. For staffing
purposes the state is divided into six regions, with
regional offices located in Austin , Houston , San Antonio
, Garland , Fort Worth and Midland . Each region is
managed by a Field Supervising Attorney who is responsible
to the Director of Legal Staff for the operation of
personnel and activities in that region. The program also
has satellite offices in Waco , Bryan , Corpus Christi ,
McAllen , Tyler , Denton , Lubbock , Amarillo and El Paso.
The staff attorneys stationed in each office prepare and
prosecute administrative hearings before the State Office
of Administrative Hearings (SOAH). These attorneys also
respond to appeals by defendants, which are filed in the
County Court at Law in the county of arrest. In addition,
the ALR staff occasionally assists with Concealed Handgun
and Expunction hearings.
How the Law Works in Texas
Adult Offenders
A law enforcement officer determines that there is a
reasonable suspicion for an initial traffic stop of a
motorist. After contact with the individual is initiated,
the officer develops probable cause to arrest the person
for DWI. Specifically, if the officer has reason to
believe that the driver is impaired, a set of field
sobriety tests may be administered. If the driver performs
poorly, the driver is arrested for DWI and transported to
the police station.
At the station, the driver is asked to submit to a
chemical test to measure his/her alcohol concentration.
Usually, the individual is asked to take a breath test,
although the officer may request a blood specimen. If the
driver refuses to provide a specimen, or provides a
specimen with a prohibited alcohol concentration, the
officer serves the individual with a Notice of Suspension
and confiscates the driver license.
Offenders Under 21 Years of Age
As with adult offenders, a law enforcement officer must
have reasonable suspicion to conduct a traffic stop.
However, a full custodial arrest is not required for a DUI
offense, but is permitted, according to the officer’s
discretion. Once the officer determines that the
individual is under 21 years of age, and has reason to
believe that he/she has consumed alcohol, two distinct
methods of enforcement are possible.
In less serious cases, the officer will issue the driver a
citation of DUI, serve the individual with a Notice of
Suspension and confiscate the driver license. The minor
will not be placed under arrest and no chemical test will
be requested. Alternatively, the officer may proceed with
a custodial arrest procedure if he believes that the
individual is seriously impaired. Field sobriety tests may
be administered and the minor will be arrested (or taken
into custody) and transported to the police station. The
driver may be asked to submit to a chemical test to
measure his/her alcohol concentration. If the minor
refuses to provide a specimen or provides a specimen with
any detectable amount of alcohol, the officer will issue a
citation for DUI, serve the individual with a Notice of
Suspension and confiscate the driver license. Of course,
the officer may arrest the minor for the more serious
offense of DWI if the circumstances warrant such a charge.
Regardless of age, the driver has 15 days from the date
the Notice of Suspension is served to request a hearing.
If no hearing is requested, the suspension automatically
goes into effect on the 40th day after notice was served.
If the individual requests a hearing, the temporary
driving permit remains in effect until the date of the
final decision of the administrative law judge. The driver
is required to pay a fee of $125 to reinstate the license
after the suspension period expires.
Hearing Procedures
The ALR hearing is conducted at a location designated by
SOAH in either the county of arrest (if the arrest
occurred in a county with a population in excess of
300,000) or within 75 miles of the county seat of the
county of arrest. Alternatively, both parties may agree to
hold the hearing by teleconference. The hearing is
conducted by an Administrative Law Judge (ALJ) employed by
SOAH and the DPS has the burden of proof by a
preponderance of the evidence. If the judge makes an
affirmative finding on all the relevant issues, the
license is suspended.
Adult Offenders
If the driver failed the breath or blood test, the ALJ
must determine whether (1) the person had an alcohol
concentration of 0.08 or greater while operating a motor
vehicle in a public place; and (2) reasonable suspicion to
stop or probable cause to arrest the person existed.
If the driver refused to submit to a chemical test, the
ALJ must determine whether (1) reasonable suspicion or
probable cause existed to stop or arrest the person; (2)
probable cause existed to believe that the person was
operating a motor vehicle in a public place while
intoxicated or operating a watercraft powered with an
engine having a manufacturer's rating of 50 horsepower or
more while intoxicated; (3) the person was placed under
arrest by the officer and was requested to submit to the
taking of a specimen; and (4) the person refused to submit
to the taking of a specimen on request of the officer.
Offenders Under 21 Years of Age
If a chemical test was not requested or if the driver
provided a specimen with any detectable amount of alcohol,
the ALJ must determine whether: (1) the person is a minor
and had any detectable amount of alcohol in the minor's
system while operating a motor vehicle in a public place;
and (2) whether reasonable suspicion to stop or probable
cause to arrest or take the minor into custody existed.
If the driver refused to submit to a chemical test, the
ALJ must determine whether; (1) reasonable suspicion or
probable cause existed to arrest or take the minor into
custody; (2) probable cause existed to believe that the
minor was operating a motor vehicle in a public place
while intoxicated or while having any detectable amount of
alcohol in the minor's system or operating a watercraft
powered with an engine having a manufacturer's rating of
50 horsepower or above while intoxicated; (3) the minor
was placed under arrest or taken into custody and was
requested to submit to the taking of a specimen; and (4)
the minor refused to submit to the taking of a specimen on
request of the officer.
An individual whose license has been suspended following
an administrative hearing may appeal the decision rendered
by the ALJ. The petition must be filed within thirty days
of the decision in the county court in the county of
arrest. A properly filed appeal petition stays the
suspension for first offenders for up to ninety days.
Periods of Suspension
Penalties for Adults
Refused to provide a specimen following an arrest for an
offense prohibiting the operation of a motor vehicle or
watercraft while intoxicated, while under the influence of
alcohol, or while under the influence of a controlled
substance:
180 days First offense
2 years - If previously suspended for failing or refusing
a specimen test or previously suspended for a DWI,
Intoxication Assault or Intoxication Manslaughter
conviction during the 10 years preceding the date of
arrest.
Provided a specimen with an alcohol concentration of 0.08
or greater, following an arrest for an offense under
Section 49.04, 49.07, or 49.08, Penal Code, involving the
operation of a motor vehicle:
90 days First offense
1 year - If previously suspended for failing or refusing a
specimen test or previously suspended for a DWI,
Intoxication Assault or Intoxication Manslaughter
conviction during the 10 years preceding the date of
arrest.
Penalties for Offenders Under 21 Years of Age
Refused to provide a specimen following an arrest for an
offense prohibiting the operation of a motor vehicle or
watercraft while intoxicated, while under the influence of
alcohol, or while under the influence of a controlled
substance:
180 days First offense
2 years - If previously suspended for failing or refusing
a specimen test or previously suspended for a DWI,
Intoxication Assault or Intoxication Manslaughter
conviction during the 10 years preceding the date of
arrest.
Provided blood or breath specimen with an alcohol
concentration of 0.08 or greater, (or any detectable
amount of alcohol) or was not requested to provide a
specimen following an arrest for an offense under Section
106.041 Alcoholic Beverage Code or Sections 49.04, 49.07,
or 49.08, Penal Code, involving the operation of a motor
vehicle:
60 days First offense
120 days - If previously convicted of an offense under
Section 106.041, Alcoholic Beverage Code or Sections
49.04, 49.07, or 49.08 Penal Code, involving the operation
of a motor vehicle
180 days - If previously convicted twice or more of an
offense under Section 106.041, Alcoholic Beverage Code or
Sections 49.04,
49.07, or 49.08 Penal Code, involving the operation of a
motor vehicle.
Back to Texas
DWI Home Page |
|
For comments
and additional information about Texas DWI laws, view our
forum by
clicking
here! (opens in new
window) |
KEN GIBSON
DWI Criminal Defense Trial Attorney
700 Lavaca, Suite 1010
Austin, Texas 78701 |
(512) 469-6056
Or Call
Toll Free
(866) 469-6056
|
|
|
