In Texas, when arrested for a DWI, there is also automatically an ALR (administrative license hearing) concern. What is an ALR? What is an occupational driver’s license? Getting a DWI is very stressful and scary. What is very important to understand is that unlike other criminal cases, a DWI involves two actual cases: a civil case, known as the administrative license hearing (“ALR”) and a criminal case, the DWI charge. The Coffey Firm handles all aspects of the DWI as well as the ALR/license process.
COMMON QUESTIONS ABOUT TEXAS ALR:
They took my driver’s license during my arrest for DWI. Does this mean I can’t drive?
The answer depends on time of arrest.
If there was a proper request for an ALR hearing, was the result of a consent blood draw mailed….? With timely and proper steps (we handle this), the plan is to get you a legal license in case of a license suspension.
- What is an ALR hearing? Do I have to have one? Texas courts consider a driver’s license as a privilege and not a right. Yet, this privilege still requires due process. The ALR hearing is Texas DPS’s process to legally take away your Texas driver’s license. A separate court from the criminal court handles ALR hearings. The State Office of Administrative Hearings (SOAH) handles these hearings. Our office handles all aspects of these hearings including the requests, subpoeanas, discovery and actual hearings. There is no need for the citizen accused to show up to these hearings unless advised to (on rare occasions we will have a need for our client to show up). More details on each section of the ALR process can be found in SOAH’s ALR manual here.
- If I lose my driver’s license in the ALR hearing, or have missed my right to have a hearing, can I get a driver’s license? Having a driver’s license is critical to most people. The law understands this and there are ways to get an “occupational driver’s license” if your actual Texas driver’s license is suspended. We will advise you of the many complex options. There are restrictions and requirements for an occupational license, including an interlock restriction. This is a civil process suspension (not a criminal conviction, as this type of occupational license is completely different).