You will have an option of requesting an in-person (virtual during the pandemic) or telephonic hearing. Step 2: Decide if the Hearing Should be In-Person or Telephonic The temporary permit is valid up until an ALR hearing has been held and the judge has ruled. It can take up to 120 days for DPS to schedule a hearing.
Texas dps is my license suspended driver#
If a hearing is requested within 15 days, DPS will send a letter notifying the driver of the date, time, and location of the hearing. If a hearing is not requested within 15 days, the suspension goes into effect on the 40th day after the notice was served. The driver has 15 days from the date of the suspension notice to request a hearing. The request for this hearing may be sent by written demand, fax, or any other way determined by Texas DPS. If you end up representing yourself, follow these steps to defend your license at an ALR hearing in Texas: Step 1: Request the Hearing:Ī request for a hearing must be received by the Texas Department of Public Safety (DPS) in Austin, Texas, no later than 15 days after you receive notice your license has been suspended or denied. They will know the ins-and-outs of the ALR process and can take the best swing at winning the ALR hearing. Hire a criminal defense attorney on your DWI case and ask them to handle the ALR hearing for you. In a case where you consented to give breath or blood, they have to prove the result was over. What does DPS have to prove at an ALR hearing in Texas?Īt 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 given an opportunity to consent to a breath or blood test. On the other hand, if the judge finds that DPS has not proven its case, the individual’s driver’s license will not be suspended. If the judge finds that DPS has proven its case, the judge will authorize the suspension of the individual’s driver’s license. Unlike the criminal case, which must be proven beyond a reasonable doubt, the burden of proof in an ALR hearing is only preponderance of evidence.Īfter the hearing, the ALJ will issue a final decision and order. The driver can attack the DPS case by presenting any legal issues that may exist. DPS has the burden of proof in an ALR hearing. The individual will receive a “Notice of Suspension” – also known as a DIC 25 – which will act as a temporary driving permit while the driver decides whether or not to challenge the license suspension through an ALR hearing.Īn ALR hearing is held in the presence of an Administrative Law Judge (ALJ) who listens to the evidence in the case. In Texas, when a driver is stopped on suspicion of DWI and refuses to take or fails a blood or breath test, their license will subsequently be suspended by the Texas Department of Public Safety (DPS). An ALR hearing (or the Administrative License Revocation Hearing) is the process by which a license can be saved from suspension after an arrest for driving while intoxicated. When you are stopped for suspicion of a DWI, your initial thoughts go to the criminal case, but license consequences can be devastating. Administrative License Revocation (ALR) Hearing
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