License Suspension Hearings In Galveston
License Suspension Hearings In Galveston
Winning Your Administrative Appeal in a Galveston License Suspension Hearing
When you’re arrested for DWI in Galveston, the arrest alone can set off a chain of legal events that most people aren’t prepared for. One of the most immediate—and most stressful—consequences is the possible suspension of your Texas driver’s license.
Whether you refused a breath test or failed it, you have only a short time to fight back before the Texas Department of Public Safety (DPS) moves forward with a suspension. That’s why it’s critical to understand how the Administrative License Revocation (ALR) process works and how we, as your defense attorneys, can help you protect your driving privileges.
At Mark Diaz & Associates, we’ve helped many clients fight license suspension and win their ALR hearings in Galveston and the greater Houston area. A DWI arrest doesn’t mean you’re automatically guilty—and it certainly doesn’t mean you have to accept losing your license without putting up a fight.
Understanding The ALR Hearing Process In Texas
The ALR process is a civil proceeding separate from your criminal DWI case. It’s handled by the Texas Department of Public Safety under the authority of the Texas Transportation Code, particularly Section 524.031 and Section 724.035.
There are two main reasons DPS will try to suspend your license after a DWI arrest:
- You refused to submit to a breath or blood test after being lawfully arrested (implied consent violation).
- You provided a sample, but your blood alcohol content (BAC) was 0.08% or higher.
In either case, the officer will take your license and issue a temporary driving permit. You then have 15 days from the date of arrest to request an ALR hearing for a refusal. If you don’t request it in time, your license will be automatically suspended with no recourse.
If you consented to provide a sample that was over a .08, then the Department of Public Safety will send a notice of suspension to the address on your driver’s license and you will have 20 days from the date of the letter to request an ALR hearing for failure
We take immediate action to request the hearing, gather the police reports, and prepare to challenge the suspension on legal grounds.
Why Fighting The Suspension Matters
Losing your license affects more than just your commute. It can impact your job, your family responsibilities, and your ability to manage day-to-day life. More importantly, the ALR hearing gives us an early opportunity to examine the strength of the state’s case against you.
During the hearing, we can subpoena the arresting officer, question them under oath, and get a clearer picture of how the stop, investigation, and arrest were handled. In many cases, this process helps us identify issues we can use to fight the criminal DWI charge later on.
What We Have To Prove At The ALR Hearing
The burden of proof in an ALR hearing is on the Department of Public Safety. Their attorney must show that:
- There was reasonable suspicion or probable cause to stop or detain you.
- There was probable cause to believe you were operating a motor vehicle in a public place while intoxicated.
- You were lawfully arrested for DWI.
- You either refused the test or your BAC was 0.08% or more.
We challenge every part of the state’s evidence. If the officer lacked probable cause, made procedural errors, or violated your rights, we fight to have the suspension thrown out.
License Suspension Penalties In Texas DWI Cases
Under Texas law, license suspension periods vary depending on whether you refused the test or failed it:
- Refusal: 180-day suspension for first offense (up to 2 years for repeat offenders)
- Failure: 90-day suspension for first offense (up to 1 year for repeat offenders)
These penalties fall under Texas Transportation Code §§ 724.035 and 524.022.
Even if the suspension is upheld, we can often help you apply for an Occupational Driver’s License (ODL) so you can continue driving to work, school, and necessary errands.
Winning An ALR Hearing Isn’t About Luck—It’s About Strategy
We don’t leave anything to chance. Every ALR hearing is an opportunity to cross-examine the arresting officer, expose weaknesses in the evidence, and keep your license in your hands.
Some of the most common issues we explore include:
- Whether the traffic stop was legal
- Whether field sobriety tests were administered properly
- Whether the breath test machine was maintained and calibrated correctly
- Whether your refusal was voluntary and informed
- Whether the officer followed proper arrest procedures
Sometimes, officers don’t appear at the hearing. If that happens, we often win by default. Other times, the officer’s testimony opens the door for broader legal defenses in your criminal case.
What Happens If We Win The Hearing?
If we win the ALR hearing, your license suspension is dismissed. You keep your full driving privileges, and the result doesn’t go on your driving record. Additionally, we often gain valuable information that helps us fight your criminal DWI charge.
What Happens If We Lose The Hearing?
Even if the suspension is upheld, it’s not the end of the road. We can help you apply for an Occupational Driver’s License under Texas Transportation Code § 521.242, which allows you to drive for essential needs like work, school, and household duties.
We also continue to fight your criminal case, using any inconsistencies or violations discovered during the ALR process.
Frequently Asked Questions About ALR Hearings And License Suspensions In Texas
What Is An ALR Hearing?
An ALR hearing is a civil proceeding that determines whether your Texas driver’s license will be suspended after a DWI arrest. It’s completely separate from your criminal case and is handled by the State Office of Administrative Hearings. The hearing gives you a chance to challenge the evidence the Department of Public Safety relies on to suspend your license.
How Do I Request An ALR Hearing?
You must submit a request to the Texas Department of Public Safety within the respective deadlines. If you miss this deadline, your license will be automatically suspended. As your attorneys, we handle this process for you to ensure it’s done correctly and on time.
What Happens If I Don’t Request A Hearing?
If you miss the hearing request deadlines, your license will be suspended automatically. The suspension typically begins 40 days after your arrest. You will lose the opportunity to challenge the evidence or cross-examine the arresting officer.
Can I Keep Driving After A DWI Arrest?
Yes, if you request your ALR hearing in time, DPS will issue a temporary permit that allows you to drive until your hearing takes place. If you win the hearing, you keep your license. If not, you may be eligible for an occupational license.
What Is An Occupational Driver’s License?
An occupational license allows you to drive legally for essential needs, such as work, school, and necessary errands. You’ll need to file a petition with the court and provide proof of insurance and a financial responsibility form (SR-22). We guide our clients through the process to make sure everything is in order.
What Can I Expect At The ALR Hearing?
The hearing is usually held in person or via Zoom. A DPS attorney presents evidence, and we challenge it by cross-examining the officer and reviewing records. Hearings typically last about 30 to 60 minutes. You are not required to be present or testify at these hearings, but we’ll discuss strategy beforehand.
Does Winning The ALR Hearing Mean My DWI Charges Are Dropped?
No, but it’s a positive step. ALR hearings are civil matters. Winning helps keep your license and can uncover issues with the arrest or evidence that may help us fight the criminal charges.
Can The Arresting Officer’s Testimony Hurt My Criminal Case?
In many cases, no. In fact, the officer’s testimony in the ALR hearing can help us. It gives us a preview of the state’s evidence and may reveal contradictions or procedural mistakes. If the officer makes inconsistent statements, we can use that later in court.
How Long Does A License Suspension Last After A Failed Breath Test?
For a first-time offender, the suspension is 90 days if you failed a test (BAC of 0.08% or higher). If you refused the test, the suspension is 180 days. These penalties increase with prior offenses or refusals.
What If The Officer Didn’t Read Me My Rights?
That may impact your criminal case, but it won’t necessarily affect your ALR hearing. The ALR process focuses on the stop, the arrest, and whether you refused or failed the test. However, any procedural errors we identify at the ALR hearing may help later in court.
Get Help From A DWI Defense Team That Fights To Win
At Mark Diaz & Associates, we understand how stressful a DWI arrest can be, especially when your license is on the line. We take every administrative hearing seriously because we know how much is at stake for you and your family.
If you’ve been arrested for DWI in Galveston or the Houston area, contact our Texas DWI attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We represent clients throughout Galveston and all of Houston, Texas. We’re here to help you protect your license, your rights, and your future.
(409) 515-6170