When navigating the legal aftermath of a Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) arrest in Texas, you might encounter the term ALR. So, What Does Alr Mean? ALR stands for Administrative License Revocation. In Texas, the Administrative License Revocation program is a civil process separate from criminal court proceedings that can result in the suspension of your driver’s license. This article will delve into the intricacies of the ALR program, helping you understand what it entails and how it might affect you.
The Texas Department of Public Safety (DPS) can initiate ALR proceedings against you if you are arrested for DWI or BWI under specific circumstances. These circumstances include:
- Refusal to submit to a blood or breath test: If you refuse to take a breathalyzer or blood test when requested by law enforcement during a DWI or BWI stop, your license can be suspended through ALR.
- Failing a blood or breath test: If you take a blood or breath test and the results show a blood alcohol concentration (BAC) of 0.08% or higher while operating a non-commercial vehicle, or 0.04% or higher while operating a commercial vehicle, ALR can be triggered.
It’s crucial to understand that the ALR process is administrative, meaning it’s handled by the DPS and the State Office of Administrative Hearings (SOAH), not the criminal courts dealing with your DWI or BWI charge. This means your license can be suspended through ALR even if the criminal case is still pending or if you are not convicted of DWI or BWI in criminal court.
The ALR Process Explained
Following a DWI or BWI arrest, law enforcement officers typically conduct field sobriety tests if they suspect impairment. If these tests indicate intoxication, you will be arrested. Subsequently, the ALR process begins.
One of the first critical steps in the ALR process is the notice of suspension. After an arrest for DWI or BWI that meets the ALR criteria (test refusal or failure), you will receive an official notice from the DPS about the impending suspension of your driver’s license. This notice is crucial because it starts a strict timeline for you to take action if you wish to contest the suspension.
This notice informs you of your right to request an ALR hearing. It’s vital to act quickly because you only have 15 days from the date you receive this notice to request a hearing to challenge the suspension. If you fail to request a hearing within this 15-day period, your driver’s license will automatically be suspended, typically starting 40 days after you were served the notice.
Navigating ALR Hearings
If you decide to contest the license suspension, you must request an ALR hearing within the 15-day timeframe. You can request a hearing online, by mail, email, phone, or fax. When requesting a hearing, you’ll need to provide specific information to ensure your case is properly identified, such as your name, date of birth, driver license number, contact information, and details about your arrest (date, county, arresting agency, officer).
All ALR hearings are conducted by the State Office of Administrative Hearings (SOAH) and presided over by an Administrative Law Judge (ALJ). The hearing is an opportunity for you to present evidence and argue why your driver’s license should not be suspended. The ALJ will consider evidence from all parties involved, including law enforcement and yourself, to determine whether the DPS has sufficient grounds to suspend your license.
During the hearing, the ALJ will assess several key points, such as:
- Whether there was probable cause for the initial traffic stop or arrest.
- Whether you were lawfully arrested for DWI or BWI.
- If you refused to submit to a breath or blood test, whether you were requested to do so and refused.
- If you submitted to a test, whether the test results indicated a BAC of 0.08% or more (or 0.04% for commercial drivers).
If the ALJ rules in favor of the DPS and finds they have proven their case, an order will be issued authorizing the suspension of your driver’s license. Conversely, if the ALJ finds that the DPS has not met its burden of proof, your driver’s license will not be suspended as a result of the ALR process. Following the hearing, the ALJ will issue a decision, and you will be notified of the outcome, including your right to appeal the decision if it is unfavorable.
Image: The headquarters of the Texas Department of Public Safety, the agency responsible for administering the Administrative License Revocation program.
ALR Suspension and Disqualification Periods: What to Expect
The duration of an ALR suspension depends on several factors, including whether it is a first offense and whether you refused or failed a blood or breath test. Suspension periods also differ for those under 21 years of age.
For individuals 21 years of age or older:
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Refusal to provide a specimen:
- First Offense: 180 days
- Second Offense (within 10 years): 2 years
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Providing a specimen with a BAC of 0.08% or greater:
- First Offense: 90 days
- Second Offense (within 10 years): 1 year
For minors (under 21 years of age):
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Refusal to provide a specimen:
- First Offense: 180 days
- Second Offense (within 10 years): 2 years
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Failing a test or any detectable amount of alcohol:
- First Offense: 60 days
- Second Offense (within 10 years): 120 days
- Third or more offense (within 10 years): 180 days
In addition to suspensions, commercial driver’s license (CDL) holders or those operating a commercial motor vehicle at the time of arrest face disqualification periods under ALR, which are even more severe. These can range from 1 year for a first offense of refusing or failing a test, to lifetime disqualification for repeat offenses, especially if transporting hazardous materials.
Life After ALR: Occupational Licenses and Reinstatement
Even with an ALR suspension, you might have options to regain some driving privileges. In Texas, you may be eligible for an occupational license, which allows you to drive for essential purposes like work, school, or necessary household duties while your license is suspended. Eligibility for an occupational license has specific requirements, and it’s important to consult with legal counsel or the DPS to determine if you qualify.
Once your ALR suspension period is over, your license is not automatically reinstated. You must check your driver eligibility status and fulfill all reinstatement requirements. This often includes paying reinstatement fees and ensuring you have met any other conditions set by the DPS. Checking your eligibility status online through the Texas DPS website is a straightforward way to find out exactly what you need to do to get your driving privileges back.
Understanding what does ALR mean is the first step in navigating the complexities of a DWI or BWI arrest in Texas. Being informed about the Administrative License Revocation process, your rights, and the potential consequences is crucial. If you are facing ALR, seeking legal advice is highly recommended to protect your driving privileges and understand all your options.
