Dallas ALR Hearing
The loss of a driving license is a serious issue and can have strong negative repercussions on your life. Every effort will be made by our Dallas DWI attorneys to prevent your license from being suspended. Our initial aim will be to have the charged thrown out, but if this is not possible we will aim to make the charges and consequences as less damaging as possible. Please contact one of our Dallas DWI lawyers for more information.
It is imperative that you request an ALR hearing within 15 days of your request, or you will automatically lose your drivers license 40 days after your arrest. Please contact us immediately after your arrest and we can arrange for the ALR hearing.
An ALR hearing is an administrative hearing in which it will be decided whether or not your drivers license will be suspended. It is usually held prior to your criminal trial, and up to four months after your arrest. This is a civil hearing that is separate from your criminal DWI court case. An ALR hearing can be a stressful and confusing hearing, and if you don’t know how to defend yourself you can guarantee you will lose your license. Why defend yourself, when you can have a Dallas DWI professional.
We at, the Dallas DWI Specialists, know how to put holes in the ALR case. In order to defend yourself, and keep your license, it is imperative that the Department of Public Safety cannot make their case. This means that the Department of safety cannot prove that the arresting officer and/or other individuals involved in your arrest and the collection of your blood and breathalyzer sample followed the law.The standard of review in an ALR hearing is more likely than not. Therefore, the Department of Public safety must show it was more likely than not that the arrest officer and others followed the law and adequate protocol.
In order to make your case, we will seek and collect Officer arrest paperwork and call the arresting officer and any other officers involved in the arrest and collection of evidence to be witnesses at the ALR hearing. To defend you, we will make every effort possible to prove that the officer and other officers involved in evidence collection failed to follow the law and adequate procedures by showing that the arresting officer did not have probable cause to arrest you and/or didn’t have reasonable suspicion to believe you were driving under the influence. In addition, we can defend your case by showing that the arresting officer failed to give you the opportunity to take a blood or breathalyzer test or that you passed either of those tests and were still arrested. It only takes one improper procedure and your case can be won.
By using a Dallas DWI lawyer, we have the experience and expertise to fight your license suspension. However, in the event your license is suspended, we can still get you an occupation license. You will not have to miss school, work, or church activities with the occupation license, and will be able to drive 12 hours a day and up to 60 hours a week.
A Dallas DWI lawyer will help you file for an occupation license. Obtaining an occupational license requires the following: (a) Original SR-22 certificate of insurance, (b) $10 fee for a 1 year occupational license, (c) $125 ALR restatement fee (if required), and (d) occupational license application form.
In order to obtain the Occupational License, an SR-22 is a certificate of insurance document is required. An SR-22 certificate of insurance is a document issued by your insurance company to prove that you hold liability insurance. This form proves to the DMV that you have been given limited liability insurance. This form also requires that the insurance company contact the Texas DMV if the policy is cancelled, terminated, or is lapsed. Probation is sometimes also required.
If your license is suspended a SR-22 may also be required to get your license back when a restricted license is obtained. Minimum liability insurance is required when your license is suspended and you apply for a restricted driving license. If you do not own a vehicle you will have to purchase “Non Owners” coverage in order to get a restricted license. The cost of this insurance can very greatly according to where a person lives and what their driving record is like. The DMV can get you a copy of your driving record if you do not it, for a fee. The filing period for the SR-22 will usually be three years but can sometimes be longer.
By Shannon Edwards