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Texas DWI ALR License Suspension, Revocation, and Disqualification

Mimi Coffey DWI Lawyer, Texas DWI, Texas ALR, Texas License SuspensionThere are a variety of drivers license suspensions that can impact a person’s ability to apply for or renew their license. These include suspensions for actions that did not even occur in Texas! That’s right, a suspension in another state can (but won’t always) impact a person’s ability to drive in Texas. Typically, for Texas DWI arrests, this comes in the form of an ALR suspension. But, DPS can also suspend a person’s license for not completing a DWI education course while on probation, for example.

For some of these suspensions, a person may need to petition for an ODL in order to drive. Unfortunately, getting an ODL is not always an option. At times, fixing the problem may be as simple as paying a reinstatement fee or sending a document to DPS. At others, DPS may require the person to obtain SR22 or have an interlock installed in their car. For some of the latter situations, the “suspension” runs until DPS receives notice that the court no longer requires interlock.

However, DPS can be notoriously disorganized and may somehow “forget” to process paperwork. We have had a few clients who finish probation just to receive a “notice of cancellation” from DPS saying they need to have an interlock restriction on their license. This can lead to a moment of panic when they think they’re finally done with everything just to have the stress thrown back in their face.

The sections below will give some brief information about the different types of “suspensions” that DPS may impose. This post won’t get into the deep details of each and every type. But, if you see a specific action listed on the DPS Eligibility site, contact us so we can walk you through the exact action listed. However, you can find minor information about that exact action on this handy Driver’s License Actions chart.

Mimi Coffey DWI Lawyer, ALR, License Suspension

License Revocations

A revocation is “indefinite” until DPS receives compliance. This means that the revocation has no set end date. It can go on forever unless the person sends (and DPS processes) the paperwork. Oddly, getting and ODL is possible for a select few of the revocations, including revocations for failure to send certificate of completion of a DWI education program. The reinstatement fee is generally $100, and SR22 is not required for the revocation (but WILL be required to get an ODL).

Departmental Suspensions

These suspensions do not require any court action. This means that there is no court ordering DPS to issue a suspension. This usually occurs when a person has an out of state conviction and license suspension, or when a person drives on an invalid license. Getting an ODL is possible for every departmental suspension, and the reinstatement fee is $100. None of these suspensions require an interlock. But, as with SR22, it may be a requirement to get an ODL.

A person may also request a hearing on any departmental suspension, but there is a risk. If they do not request a hearing, the suspension is 90 days. But, if they do request a hearing and the judge decides to uphold the suspension, the suspension may last up to 1 year. The one exception is if the person has an out of state conviction for driving a commercial vehicle while disqualified (suspension is 1 year regardless).

License Disqualifications (Commercial Licenses)

These are a HUGE problem because they can literally put people out of a job. Most disqualifications last 1 year, and may even permanently disqualify a CDL holder. There is NO ODL OPTION for disqualifications. In other words, an ODL does not allow a person to drive commercial vehicles. What makes these an even bigger issue is that DPS may disqualify a person even if they were in their own car if the disqualification is based on alcohol. In very limited circumstances, a person may request a hearing on the disqualification. There are no SR22 or interlock restrictions, and there is no reinstatement fee. Commonly, a disqualification means that a person must completely re-apply for a CDL, including passing a driving test.

ALR License Suspension

This is the big one for DWI arrests. These can be confusing because they are based DWI arrests and have very little (if any) relation to the criminal case. In other words, a reduction of charge from a DWI to an obstruction does not matter for ALR purposes. As long as the arrest was for DWI, DPS does not care if the ultimate charge, if any, was DWI. Like with other suspensions, there are no SR22 or interlock requirements as part of the suspension. However, SR22 is ALWAYS required for an ODL, and an interlock restriction is up to the judge’s discretion. Some counties require interlock for ALL ODLs, while others tend to only require interlock for minors, arrests involving accidents, and for second (or more) offenses. The reinstatement fee for an ALR suspension is $125 (except for CDLs).

Like with some other suspensions, a person may request a hearing on the suspension. Unlike those other suspensions, however, an ALR hearing occurs at the State Office of Administrative Hearings (SOAH). Non-ALR hearings generally take place in the Justice Court closest to the requesting person. Regardless, all hearings tend to heavily favor DPS. This is why our ALR Lawyer will contact you ahead of the hearing to make sure they are prepared to get an ODL if needed.

Oddly, as seen on the driver’s license suspensions, if a DWI arrest occurred while driving a commercial vehicle, the driver may request a non-SOAH hearing. But, if the DWI arrest occurred in a personal vehicle, the CDL holder does not have the option to request a separate hearing for his CDL.

Mandatory License Suspension

These are . . . weird, to say the least. These suspensions are “automatic,” which means they happen without a court order or without DPS taking independent action. There is no option for an administrative hearing on the suspension, and not independent interlock requirement. Most mandatory suspensions do, however, have an independent SR22 requirement. This means that a person must have SR22 during the suspension and must pay the reinstatement fee ($100). The only mandatory suspensions that do not have a reinstatement fee or an SR22 requirement are for offenses by juveniles or minors (becomes more of a “denial” rather than a “suspension”).

SR License Suspension

These are suspensions based on insurance (e.g., driving without liability insurance). Though somewhat self-explanatory, these suspensions all have an SR22 requirement (or effective alternative). The reinstatement fee is $100, and there is no independent interlock restriction. A person may apply for an ODL for all but one of these suspensions (“cancelled insurance”), and there is no option to request an administrative hearing (except if the suspension is based on an accident). These suspensions tend last indefinitely until DPS receives compliance.

License Denial/Cancellation

No need to go into too much details on these since they are somewhat self-explanatory. A denial means that DPS will refuse to issue or renew a driver’s license. A cancellation means that the driver’s license a person currently has no longer allows the person to drive. An “interlock required” cancellation, for example, means that the person has a valid driver’s license (no suspension or disqualification), but must add a restriction to that license that says they can only drive cars that have an interlock installed.

Out-of-State Enforcement Actions

These are interesting because they (usually) do not impact a person’s Texas driver’s license. But, they will still show up on their driving record. In other words, these “enforcement actions” only affect them if DPS decides to take action.

Mimi is listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County, DWI Lawyer in Johnson County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Pretrial Torture: “I Feel Like I’m Already on Probation!”

Pretrial Torture for DWI*WARNING* BOND VIOLATIONS CAN HURT A CASE. WE DO THE BEST WE CAN TO ADDRESS ANY VIOLATIONS.

According to the United States and Texas Constitutions, the law presumes a person innocent until proven guilty. That presumption applies at every stage of a case, even at the arrest stage! In many cases, the worst part of a Texas DWI charge is the “pretrial torture” of oppressive bond conditions. Bond conditions in Texas criminal cases can include license suspensions, interlock ignition device requirements, ankle monitors, and other conditions. Some counties (especially Johnson and Parker County) will put people through hell before their case is even addressed, sometimes even before the District Attorneys file the case!

This pretrial torture can exhaust a person’s financial resources or even cost them a job. Mimi knows that this pretrial torture can be both a physical and financial drain. This is one of the things Mimi will discuss with client during a full case evaluation. Mimi wants to know you and everything you have experienced so she can humanize you to the DAs and the court.

The pretrial torture costs can vary widely, and don’t even include a person’s normal expenses unrelated to the charge, such as rent and car payments. Even at the minimum, a person may need to spend almost $2000 just to get out of jail! If the person has an ALR suspension before their criminal case begins, that person may also be out of a job!

Here are some ways the system can torture a person:

  1. An interlock can cost between $65-$95 per month for calibration, which doesn’t include the $70-$150 installation fee. Sometimes an interlock will be a requirement before the court will set a bond. In addition, there is no “time served” for an interlock that is required as a bond condition. This means that many months of compliance with an interlock bond conditions has no impact on probation.
  2. SR22 insurance, which is vehicle liability insurance required for drivers with an interlock, can cost an average of almost $1000 for a year.
  3. A commercial truck driver may lose their CDL for at least a year, which can cost them a job most of the time.
  4. Having to pay for a bond to get out of jail. Sometimes, depending on the charge, the judge may not even set a bond, keeping a person in jail almost indefinitely! The average bond for a first-time DWI is between $200 and $1000, but the judge can set it to whatever (reasonable) amount they want based on the circumstances.
  5. A reinstatement fee of $135 to reinstate one’s license after an ALR suspension.
  6. If one uses a bondsman, they may require check-in meetings and random urinalyses (UAs). These don’t always cost money, but it means time the person is not working.
  7. Impound fees (about $300) if the person needs to recover their car. The fees might be higher if they also need to pay for repairs from an accident.
  8. If applying for an Occupational Driver’s License (ODL) for an ALR suspension, there is a filing fee (normally about $285) to send the petition to the court.
  9. Every criminal defendant has the right to an appointed attorney if they cannot afford one, but that right is limited by sometimes hard-to-meet “indigence” rules. The Coffey Firm knows that money isn’t always easy and will work with you to set up a payment plan. This is especially true while everyone’s finances recover after the Covid-19 shutdowns.

Some Pretrial Torture Examples

Here are some horror stories from our experience representing clients:

  • A person arrested for DWI in August 2019 had to install an interlock on his car as a pretrial condition. As of one year later, August 2020, the state has not yet filed a case against this person, but the court has not removed interlock as a pretrial condition. This means he has paid at least $850 before he has even had a single court date!

 

  • A commercial truck driver arrested for DWI in October 2019 (in his own car) had an ALR suspension starting in March 2020. A license suspension, whether ALR or criminal, also revokes a person’s CDL for a year (for a first-time offense). When suspended, a driver must downgrade to renew his license. A “downgrade” means that DPS forces him to go through the entire process of re-applying for a CDL, including the driving test. These tests can have a large financial cost, including renting a commercial truck. On top of some of the above costs, this person has extra cost due to the pretrial torture by Texas DPS.

 

  • Client has both interlock and a portable breathalyzer unit as a requirement. Judge refuses to lift either restriction. So, client is paying double the monthly fee to calibrate both the interlock and portable unit.

 

More Pretrial Torture Examples

 

  • Dallas County client has a restriction requiring him to have both interlock and SCRAM (ankle monitor). Both are very expensive to calibrate and maintain. In addition, SCRAM units are notorious for being sensitive and recording even the most minor of violations.

 

  • Denton County requires interlock for all BAC .15 or above DWIs, even if the margin of error puts a person’s blood below .15.

 

  • Parker County client arrested October 2019 and lives in Houston. Pretrial services requires her to physically check-in once a week. Client has to pay ~$300 per week to have someone drive her from Houston to Weatherford. Pretrial services also violated her for missing one check-in when client took her mother to the hospital because they would not “bend the rules” for her. All of this happened before the DAs even filed her case in April 2020!

 

Pretrial services for each county

Tarrant County Community Supervision

Parker County Community Supervision

Johnson County Adult Probation

Dallas County Pretrial Services

Denton County Pretrial Services

Collin County Community Supervision

Hood County Community Supervision

Grayson County Community Supervision

Ellis County Adult Probation

Mimi is listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County, DWI Lawyer in Johnson County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Texas ALR: Administrative License Suspension Injustice

Texas ALRHere is some Texas ALR Administrative License Suspension Injustice:

DPS can suspend a license for refusing to give breath or blood

There is a grave injustice in punishing someone for exercising the right to refuse. This is what Texas calls its “implied consent” law for Texas ALR license suspensions. Under this law, Texas says a person is deemed to have consented to “the taking of one or more specimens of [their] breath or blood” after an arrest for DWI, DUI, or BWI. In other words, a refusal means absolutely nothing other than the length of suspension DPS issues. The statute does have a bit of a saving grace, though. The statute states that a person may consent to the taking of any other type of specimen. In other words, if the officer asks for blood, the person can say “no, but I will give breath” to the officer.

You can get a Texas ALR suspension for refusal EVEN IF you are completely sober

When it comes to a Texas ALR hearing for a ‘refusal’ case, there are 4 main issues:

  1. Whether the officer had reasonable suspicion to make the stop (or be on scene);
  2. Whether the officer had probable cause to believe a person is driving while intoxicated;
  3. If the officer made a request for breath or blood upon arrest; and
  4. Whether the person refused that request.

There is one notable absence: Whether the person was, in fact, intoxicated. Unlike with a hearing based on consent, a Texas ALR refusal hearing focuses solely upon the issues above.  This means that even a toxicology result that shows no alcohol or other drugs means nothing to the administrative judge. The statute does not “require or empower the ALJ to decide the ultimate issue of whether [the person was] actually [driving] while intoxicated” according to Church v. State and Texas Department of Public Safety v. Butler. The statute requires only that the ALJ decide “whether probable cause exists to believe . . . [the person was driving] while intoxicated”.

In essence, an officer may arrest a person for Texas DWI if he has enough “evidence” to show intoxication. On top of the normal “indicators” such as odor of alcohol and watery eyes, officers will use the unscientific SFSTs to test for impairment. Heck, they will even use statements like “I can’t even do that when sober” against people!

 

These are some examples of how Texas ALRs are a complete injustice despite being “due process” before DPS suspends a person’s license. This is why, as hard as an ALR attorney works, the ALR hearings will almost always end in DPS’ favor. Further, with the complete injustice of revoking CDL privileges for a year (or life), ALR suspensions poorly serve our community.

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County, DWI Lawyer in Johnson County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Common Drivers License Questions When You Get a DWI

Mimi Coffey DWI Lawyer, Texas DWI, Texas ALR, Texas License Suspension

As if a DWI arrest wasn’t stressful enough, Texas also has an “administrative” proceeding where Texas DPS tries to suspend your drivers license! Because a DWI arrest triggers both a criminal and administrative process, the Coffey Firm’s DWI Lawyers in DFW will help with each process.

Here are some common drivers license questions The Coffey Firm has heard from it clients:

  1. I got a DWI! Is my license already suspended?!
    • Luckily, the answer is ‘NO.’ After a DWI arrest you have 15 days to request an ALR (Administrative License Revocation) hearing. The Coffey Firm will take care of sending the request for you.
    • If you performed a breath test or refused to give breath/blood, then the 15 days starts from your arrest.
    • If you consented to a blood test, then the police should return your license to you while the results are pending. Once DPS processes the blood results, they will send you a ‘Notice of Suspension’ in the mail. You will have 20 days from this Notice to request an ALR hearing.

ALR (Drivers License Suspension) HEARINGS

  1. What happens when you request an ALR hearing?
    • After requesting an ALR hearing, The Coffey Firm will receive a letter from DPS notifying them of the date of the hearing. We will contact you to let you know about the hearing and answer any questions you may have.
      • It is important that you tell us what you remember about your arrest. If you thought you consented but the police report shows you refused, you may miss the opportunity for an ALR hearing. If we send the “wrong” type of request, DPS acts as if we never made a request at all!
    • Until that hearing occurs, you can drive.
  1. My ALR has been set for _______. Do I need to show up?
    • You will not need to be present. We will appear on your behalf. The Coffey Firm will also handle requesting discovery and subpoenaing the arresting officer.
  1. What will my DWI Attorney do at the hearing?
    • After analyzing the police report and the other discovery, The Coffey Firm will subpoena the arresting officer and have him appear at the hearing. At the hearing, your DWI Lawyer in DFW will ask the officer a bunch of questions. For example:
      • Why they stopped you;
      • Any signs of ‘intoxication’ they noticed (we always argue that the signs they notice can be due to a host of reasons other than intoxication);
      • Whether the officer asked you to perform any Standard Field Sobriety Tests (SFSTs);
      • What test they asked you to perform (breath or blood); and
      • Whether the officer gave you a copy of the DIC-24 (Statutory Warning) before the officer requested breath or blood.
    • Some of the issues to address at the hearing depend on whether you gave breath/blood or refused.
      • If you gave consent: One issue is whether the officer properly administered or observed the test. For example, we will ask the officer how much experience he has with the test.
      • If you refused: One issue is whether you ACTUALLY refused the request for breath or blood. For example, we will ask the officer how you responded to the request. If you responded that you would submit to one test but not the one requested, your DWI Lawyer in DFW will argue that you did not truly refuse.
  1. What is the length of the license suspension?
    • If you gave blood or breath voluntarily: Your license will be suspended for 90 days (first offense) or 1 year (subsequent offenses).
    • If you refused: The license suspension is 180 days (first offense) or 2 years (subsequent offenses).

COMMERCIAL DRIVERS LICENSES (CDLs)

  1. I have a Commercial Drivers License. Does my DWI have any impact on my ability to do my job?
    • Unfortunately, the answer is yes. Even a simple DWI arrest can be life-changing if you rely on a CDL to make a living.
    • If your license is suspended as a result of the ALR process or as part of a DWI conviction, your CDL will be suspended for 1 year (for a first offense) or for life (if a second or more offense).
      • Even with a dismissed criminal case, a second (or more) ALR suspension will also mean losing your CDL for life. (Tex. Transp. Code § 552.081)
  1. My DWI was in my personal vehicle. So, DPS can suspend my CDL even if I wasn’t driving a commercial vehicle?
    • Unfortunately, yes. Even if your DWI was unrelated to your employment, DPS may still suspend your CDL.

OCCUPATIONAL DRIVERS LICENSE (ODL)

  1. My drivers license is suspended! What do I do now?!
    • The Coffey Firm can petition the court to grant you an ODL. There are two kinds of ODLs.
      • You will need a ‘Civil ODL’ If your license was suspended as a result of the ALR process or if there was no ALR hearing. There are some restrictions for a Civil ODL:
        • You must maintain a logbook of mileage, destination, and time.
        • You must attend AA meetings
        • If this is not a first offense, you may need to have an ignition interlock installed in your vehicle.
        • You will need SR22 insurance for the length of the suspension.
        • In most counties, you may not drive more than 12 hours a day.
      • You will need a ‘Criminal’ ODL if your license suspension was a result of a conviction or plea. This type of ODL is somewhat less restrictive than a Civil ODL.
        • You must have an ignition interlock installed in your vehicle even if not required as part of your plea.
        • You will need SR22 insurance for the length of the suspension and for two years from the date of conviction.
  1. If I get an ODL, can I continue to drive my commercial vehicle for work?
    • Unfortunately, the answer is no. You are unable to get an ODL to drive a commercial vehicle.

More about Mimi Coffey

When people look for a Top DWI Lawyer or Best DWI Lawyer, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant CountyDWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.