CALL NOW (972) 599-4100 if you need an ALR Hearing to save your license.

In Texas, when pulled over for a DWI, you have two choices, to take the breath test, or to refuse.

If you take the test and fail it, your license will be suspended for 90 days.

If you refuse to take the test, your license will be suspended for 180 days.

You have the right to challenge this license revocation, but a hearing must be requested within 15 days of the notice of suspension.

If you intend to fight your DWI charge, you should definitely hire an attorney to handle the ALR hearing. You are allowed to subpoena many of the State's witnesses against you (police officer, breath or blood test administrators, witnesses), and get their testimony under oath.

Failure ALR Hearings:

If you failed the blood or breath test, your ALR hearing is governed by Tex. Tran. Code Ann. Chapter 524. The issues to be determined in the hearing are:

1. whether reasonable suspicion to stop and/or probable cause to arrest the person existed; and
2. whether the person had an alcohol concentration level of .08 (except in a case involving a minor, where any concentration level of alcohol is forbidden) or greater while operating a motor vehicle in a public place.

Refusal ALR Hearings:

If you refused the blood or breath test, your ALR hearing is governed by Tex. Tran. Code Ann. Chapter 724. The issues for a refusal test to be determined are:

1. whether reasonable suspicion to stop and/or probable cause to arrest the person existed; and
2. whether probable cause existed to believe that the person was operating a motor vehicle in a public place while intoxicated; and
3. whether the person was placed under arrest by the officer and was requested to submit to the taking of a specimen under Texas Transportation Code 724, and
4. whether the person refused to submit to the taking of a specimen on proper request of the officer.