ALR & Driver’s License

How do you know if you’re facing a 90 day or 180-day driver’s license suspension

If you refused to provide breath and/or blood test, then the government is going to attempt suspend your license for 180 days.

If you voluntarily consented to a breath or blood result and that score comes back at or above the legal limit of 0.08, then the government is going to attempt to suspend you license for 90 days.  Furthermore, if you provided a breath sample (your score usually comes out immediately upon completion of the breath test), the arresting officer may take the actual physical copy of your driver’s license. However, don’t be alarmed about not having your physical DL, it is still NOT suspended just because they took physical possession of it and refuse to give it back. 

NOTE:  If you’re a minor (under 21) and you have “any detectable amount of alcohol” in your system (even if BAC is below a 0.08), your license will be suspended for 60 days.  If you had a prior DWI in the past 10 years in which you also refused the breath or blood test, the government will attempt to suspend your DL for 2 years. If you had a prior DWI in the past 10 years, where you consented previously and refused this time then the government will attempt to suspend your DL for one year.  If you are a minor (under 21), then the suspension time will be 90 days on the first refusal.

What do I do now if I don’t have my physical DL?

Just because an officer physically took possession of your DL does not mean it’s suspended right then and there.  Your DL is still good and eligible.  You will just need to request a new on from DPS. Nothing illegal or improper about obtaining a new DL because it’s technically still eligible. REMEMBER: DPS CANNOT suspend your DL until we have that ALR hearing AND I have to lose that hearing for it to be suspended.

What happens if I missed the 15-day deadline and the ALR hearing was not timely requested?

DPS will suspend your DL on the 40th day after the date of your arrest.  However, Chris Denuna will help you obtain an Occupational Driver’s License (ODL) (also known as a Restricted Driver’s License (RDL)) that will allow you to still drive during the period of suspension.  There are some more in depth complications regarding prior criminal history and commercial driver’s licenses, but those can be discussed more in depth in person if the need arises.

How do I reinstate my DL once the period of suspension is over?

You will need to pay a $125.00 reinstatement fee to the Department of Public Safety (DPS) for your DL to be reinstated or issued a new one.

What happens at an ALR hearing and what exactly is it? Do I need to attend court for that too?

The ALR hearing is usually conducted on average 3-4 months after the date of your arrest (also depending on the county your case is in).   

This hearing can be one of the most important tools in defending your DWI criminal case and a way for your attorney to not only save your DL from being suspended but get valuable evidence and testimony to help get your case dismissed.  It is essentially a mini-trial for your DWI case with only your DL on the line and not your freedom.

The ALR hearing takes place at the State Office of Administrative Hearings (SOAH) in front of an Administrative Law Judge (different Judge from your criminal case).  I will subpoena the leading officer from your DWI arrest cross-examine that officer on the witness stand and under oath, while it’s being recorded. 

During cross-examination, I’ll get to essentially poke holes and point out the insufficiencies in the officer’s DWI investigation.  Oftentimes I will discredit the officer’s credibility and DWI case while the officer is on the witness stand, and a transcript of that testimony will be obtained to show the DA the insufficiencies of the DWI criminal case, before the DA can even get an opportunity to work the case up.

Some of the many things Chris Denuna will get to attack:

• showing the traffic stop was unlawful or the officer violated your constitutional rights encountering you

• attacking the reliability of the breath or blood test results

• showing the bias and insufficiencies in the field sobriety tests that were administered

• pointing out the discrepancies, inconsistencies, and lack of credibility of the officer’s investigation and reports

Also, with a knowledgeable and skilled DWI attorney, these officers will refuse to show up and the ALR will get automatically dismissed, thus saving your driver’s license.  Ultimately at the ALR hearing, you’re either going to get valuable testimony to help aid your criminal case and/or you will get to keep your DL.

Lastly, you do NOT need to appear for these hearings and I actually prefer you not to appear.  This is a strategic and tactical move to help win the ALR hearing.  These Officers often show up to the ALR unprepared without viewing the video and only refreshing their memory with the Offense Report.  By having the client appear, your face can jog the memory of the officer and thus have him testify to facts we don’t want elicited.  

Contact Denuna Law Firm Today

Chris Denuna will handle the entire ALR process and this will be one less thing you’ll have to worry about during your legal experience, while having an advantageous defense in either keeping your license, beating your criminal case, or both! We are available 24 hours a day, 7 days a week.