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As a San Antonio DWI Attorney, I understand the frustration and confusion that can come with having your driver’s license suspended due to Administrative License Revocation (ALR). If you are facing an ALR, it is important to understand what it is, why it happens, and what your legal rights are.
What an Administrative License Revocation (ALR)?
ALR is a legal process in which your driver’s license is suspended administratively by the Department of Public Safety (DPS). ALR can happen when you are arrested for driving while intoxicated (DWI) and refuse to take a breathalyzer or blood test, or if you take the test and fail it. In most cases, ALR happens independently of the criminal case and is initiated automatically by the DPS.
Why does ALR happen?
ALR is intended to discourage individuals from driving while under the influence of drugs or alcohol. The logic behind it is that by suspending your license immediately, it will prevent you from continuing to drive and potentially causing harm to yourself or others. This also serves as a way to gather evidence against you for the criminal case.
What are your legal rights in an ALR case?
If you are facing an ALR, it is important to understand that you have legal rights. You have the right to request an administrative hearing to challenge the suspension of your driver’s license. However, you must request the hearing within 15 days of your arrest, or your license will automatically be suspended for a minimum of 90 days.
At the administrative hearing, you have the right to present evidence, cross-examine witnesses, and argue on your behalf. The Administrative Law Judge will make a determination based on the evidence presented and will either uphold or rescind the suspension of your driver’s license.
How can a San Antonio DWI attorney help?
A criminal defense attorney can provide valuable assistance in an ALR case. They can help you understand your legal rights and the legal process, prepare your case, gather evidence, and represent you at the administrative hearing. An attorney can also assist you in the criminal case related to the DWI charge, which can potentially lead to a reduction in charges or a dismissal of the case.
If you are facing an ALR, it is important to act quickly and seek the advice of a qualified criminal defense attorney. Contact our office today to schedule a consultation and get started on your defense.