Administrative License Revocations
Administrative License Revocation Representation
If a hearing request is not made to the Department of Public Safety within fifteen days of receiving a notice of suspension, the Automatic License Revocation (ALR) is required. At Fitzpatrick Hagood Smith & Uhl LLP, in Dallas, Texas, we quickly begin building a case to defend our clients facing administrative licenses revocation in relation to a Texas DWI/DUI.
Challenging Administrative License Revocations (ALR)
When charged with a DWI, two simultaneous legal proceedings are initiated, one criminal and one civil. The civil proceeding seeks to revoke the driver's license of the person charged with driving while intoxicated. The police are required to take the driver's license of the suspect and issue a temporary driving permit that is valid for forty days from issuance. This suspension is automatic unless a hearing is requested within fifteen days.
Several things can happen at the ALR hearing. If the arresting officer does not appear, the complaint is often dismissed and the license suspension is avoided. This does not end the criminal proceeding related to the DWI arrest. If the ALR hearing proceeds the Department of Public Safety must show:
- Probable cause existed to stop and arrest the driver.
- That the person arrested was in physical control of the automobile at the time of the stop.
- The arresting officer provided the suspect the opportunity to give a breath or blood test and was informed, orally and in writing, of the consequences for refusing or failing the tests.
- The suspect had a Blood Alcohol Concentration (BAC) over .08 or higher or that the suspect refused to provide a sample.
Our attorneys are continually working to help our clients avoid the harsh penalties associated with a DWI/DUI conviction. While we are representing our clients at the ALR hearing, we are constantly aware of the parallel criminal proceeding and understand how to use testimony from the ALR hearing to help prepare for the criminal proceedings associated with a DWI/DUI arrest. By challenging every aspect of the case against our client at the ALR hearing, we are able to better prepare for the criminal proceeding. Even when we cannot prevent the administrative license revocation, we can often obtain an occupational driver's license that will allow our clients to drive to and from work.
Contact our Dallas, Texas, DWI Lawyers
Contact the attorneys at Fitzpatrick Hagood Smith & Uhl LLP to represent you at an administrative license revocation hearing. Our attorneys represent clients in the state of Texas as well as nationally. We can be reached by phone at (214.504.1133, by e-mail, or by filling out the intake form on our Contact Us page.