Court Hearing Information
Court Hearing Information is location of ARL hearings, the law governing ARL hearings and complications that can happen at the ARL hearings. Be sure to have your DWI attorney with you to this hearing.
ALR Help Dallas Texas
ARL help Dallas Texas is the Administrative License Revocation Program (“ALR”), part of the State Office of Administrative Hearings (“SOAH”), was created by the Texas Legislature in 1993, to provide an efficient and fair process for suspending the driver’s licenses of individuals who choose to drive on Texas highways while intoxicated.
A driver who either fails or refuses to take a breath or blood test after being arrested for DWI will have his or her driver’s license suspended unless within 15 days of the time he or she received a notice of suspension, a hearing is requested. If a hearing is requested, a SOAH ALJ will preside over the hearing.
Location of Hearings for Administrative License Revocations in Dallas
Location of hearing for administrative license revocations in Dallas is sent via a notification from the DPS or the Department of Public Safety to each individual. A person may request that the hearing be held in a SOAH hearing room or by telephone. The Department of Public Safety (“DPS”) notifies any person requesting a hearing of the location, date and time of the hearing.
Law Governing Hearings for ALR cases in Dallas
The Law governing hearings for ALR Cases in Dallas is DWI laws of the State of Texas, Texas Transportation Code, Administrative Procedure Act, Texas Rules of Civil Procedure, Rules of the Department of Public Safety, Rules of the State Office of Administrative Hearings.
Right To Attorney for ALR Hearings in Dallas Texas
The right to attorney for ALR hearings in Dallas is offered right to have an attorney also called the “defendant”, the DPS will be represented by a DPS attorney at the hearing. The ALJ will not appoint an attorney for the Defendant. A party intending to employ an attorney should do so early enough before the hearing date for the attorney to prepare for the hearing.
Issues Decided At ALR Hearing
Breath Test Refusal
(Suspension for not less than 90 days)
Breath test refusal is automatic suspension of license for no less than 90 days. The next questions they will ask will be:
- Was there reasonable suspicion or probable cause for the officer to stop or arrest the driver?
- Was there probable cause for the officer to believe the driver was intoxicated?
- Was the driver offered the opportunity to provide a specimen of breath or blood?
- Did the driver refuse to provide a specimen?
Breath Test Failure
(Suspension for not less than 60 days)
Breath test failure is an automatic license suspension of more than 60 days. The next things they will ask:
- Was there reasonable or probable cause for the officer to stop and or arrest the driver?
- Was there probable cause for the officer to believe the driver was intoxicated?
- While driving or in actual physical control of a motor vehicle in a public place, did the driver have an alcoholic concentration of 0.08 or greater?