When a motorist is arrested for DWI, he or she faces a criminal DWI charge.  You may not be aware that the DWI arrest also starts a civil case against the motorist, the purpose of which is to seek a suspension of the person's driver's license.  This civil case is known as Administrative License Revocation and is commonly referred to as ALR

     You must request a hearing within FIFTEEN DAYS of your DWI arrest or your license will be AUTOMATICALLY SUSPENDED.  I will personally request a hearing on your behalf.  A properly requested hearing PRESERVES YOUR RIGHT  to drive at least until the hearing takes place.

      At the hearing the state must prove that there 1) was reasonable suspicion to stop the motorist's car, 2) probable cause existed that the motorist was driving in a public place while intoxicated, 3) that the motorist was arrested and was offered a breath or blood test and either refused or failed the test after being notified of the consequences of failing or refusing, and 4) that the driver either failed or refused to give a breath or blood sample.

WHY REQUEST AN ALR HEARING?
   
    The ALR hearing will likely be the only opportunity you have to question the police officer that arrested you under oath prior to trial.  If a hearing is set I will compel the State's lawyers to turn over all the evidence they intend to use against you at the hearing.  This will include all police reports and frequently breath or blood test results. Also, unless strategy suggests otherwise, I will require the presence of the arresting officer at your hearing.  The ALR hearing is a tremendous opportunity to test the strengh of the State's case against you and to look for weaknesses in their case.  At the ALR hearing I will be looking for ways to challenge all aspects of the state's case in an effort to maintain your right to drive.  By way of example only:
 
Did the police stop your vehicle in violation of the law?

Did the police properly perform the H. G. N. test accordinfg to their training?

 Did the police properly administer the other Standardized Field Sobriety Tests in     accordance with their training and the standards of the National
 Highway Traffic Safety Administration?

Was there a valid refusal of a breath or blood test?

Did the police comply with the observation period prior to
 requesting a breath  test?

 Is the state able to prove that your B.A.C was over .08
at the time of operation?

Did their witnesses appear for the hearing?

   
       If you prevail at the ALR hearing the civil case is dismissed and you WILL RETAIN YOUR RIGHT TO DRIVE.

    The suspension period for a motorist who is over twenty-one with no prior alcohol or drug contacts within ten years is: 90 days suspension for a breath or blood test failure or 180 days for a refusal. For persons with prior drug or alcohol contacts within ten years, the suspension periods are longer, and there are waiting periods before one is eligible to apply for an occupational driver's license.

MINORS AND ALR

    For a minor who is arrested for DWI or DUI the ALR suspension period for a specimen test failure, or for having any detectable amount of alcohol in the minor's system is 60 days if the minor has has no prior alcohol related contacts with law enforcement.  For a minor with one prior alcohol related contact with law enforcement the suspension period for a specimen test failure, or for having a detectable amount of alcohol in his or her system is 120 days. For two or more previous alcohol related contacts the suspension period is 180 days for a specimen test failure or for having a detectable amount of alcohol in his or her system.

    For a minor who is arrested for DWI or DUI the ALR suspension period for a specimen test refusal is 180 days if the minor has no prior alcohol related contacts with law enforcement.  The suspension period is two years if the minor has been previously suspended for: 1) failing or refusing a specimen test, 2) a DWI conviction, 3) an Intoxication Manslaughter conviction, 3) or an Intoxication Assault conviction that occurs during the ten years preceding the date of arrest. 

COMMERCIAL DRIVER'S LICENSE HOLDERS AND ALR

    For a motorist who has a commercial driver's license (CDL) the consequences are potentially even more onerous.  If a motorist who has a CDL refuses a breath or blood test the license will be suspended for one year, regardless of whether that person is operating a commercial vehicle or not.

   If a motorist who has a CDL submits a specimen of breath, blood or urine and an analysis shows that the person's alcohol concentration is over 0.04 while operating a commercial vehicle in a public place, the license will be suspended for one year.

   If the motorist was operating a vehicle other than a commercial vehicle and an analysis of the person's blood, breath, or urine shows that the person had an alcohol concentration of .08 or more, the license will be suspended for one year. 

    The suspension periods are longer for motorists transporting hazardous materials. 

   

Call us immediately at 214-705-9762 or contact us online if you have been arrested for DWI to learn how the administrative license revocation law will apply to you.