If you have been arrested for DWI in Texas you only have 15 days following your arrest to contest the suspension of your driving privileges. This civil proceeding is called an "ALR" or Administrative License Revocation and you only have 15 days to make the request following a DWI arrest. Unfortunately, most individuals arrested for DWI are not cognizant of this time period and do realize that this time period exists. Most people arrested for DWI usually only focus on the criminal portion of the proceeding, which is not altogether that unusual. However, you should be aware that there is also a completely separate civil proceeding regarding your driver's license, referred to as the "ALR" process.
Notice of Suspension
Arresting officers are required to read several statutory warnings following arresting an individual for DWI. However, the language is usually not very clear, and most people do not realize its signficance when it is read and issued. The statury warning notifies an individual of the consequences of a failure or a refusal for submitting to a chemical test. It only pertains, however, to what will happen regarding driving privileges. It has NOTHING to do with the criminal portion of the DWI arrest.
Contesting the ARL Suspension
You have 15 days following the arrest for DWI to contest any license suspension that may result. You can either make this request in a number of ways, including by faxing or phoning it in. If you retain an attorney during this 15 day timeframe, they can do it for you. If you contact The Law Offices of Carl David Ceder, PLLC, during this 15 day window, but are unable to procure their services, they will give you a "Pro Se" request form for faxing the request in.
As a general rule, the ALR should always be requested. It will usually provide written discovery much earlier than if you wait for the case to be filed and/or indicted in the criminal proceeding. As well, it can also provide a meaningful opportunity to cross the arresting officer on his "probable cause" to arrest. The arresting officer (and anyone else relevant) must be properly issued a subpoena to appear. If they do not appear upon an issuance of a suboena, the license suspension process will usually be ordered to be dismissed.
Driving License Suspensions
Driving license suspension periods depend upon a variety of factors, including whether this is the first arrest for DWI, and/or whether there was a chemical test provided (or whether it was refused). If this was the first time an individual has been arrested for a DWI, the license suspension period will either be for 90 (for a chemical test failure) or for 180 days (for a chemical test refusal). If there prior DWI arrests, the suspension period could vary between one and two years. For more information on DWI license suspension period, please read here.
Assuming a license suspension was placed into effect (or assuming the "ALR" hearing was successful), you will be able to request your license back from DPS. If a suspension was issued, however, you will be required to pay a $125 reinstatement fee after the required period ends.
Contact The Law Offices of Carl David Ceder, PLLC, Texas today if you have been arrested for a DWI in order to retain their expertise and experience. Call 214.702.CARL (2275) now to discuss any possible driving license suspension related to your DWI arrest.
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Carl David Ceder can help if you are facing a license suspension following a DWI arrest. Carl practices all over the Dallas Metroplex, including all of Dallas, Tarrant County, Collin County, Denton County, Rockwall County, Kaufman County, and all adjoining counties:
- Dallas County DWI Defense Lawyer - Dallas, University Park, University Park, Grapevine, Garland, DeSoto, Irving, Carrollton, Addison, Duncanville, Richardson, Cedar Hill, Cockrell Hill, Coppell, Grand Prairie, Lancaster, Lewisville, Mesquite, Seagoville, Wilmer, Wylie
- Tarrant County DWI Defense Lawyer - Fort Worth, Southlake, Keller, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Grapevine, Flower Mound, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, Westlake, Saginaw, River Oaks
- Collin County DWI Defense Lawyer - McKinney, Plano, Garland, Allen, Dallas, Carrollton, Richardson, Fairview, St. Paul, Weston, Lucas, Melissa, Nevada, Westminster, Frisco, Celina, Murphy, New Hope, Prosper, Wylie
- Rockwall County DWI Defense Lawyer- Rockwall, Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rowlett, Royse City, Wylie, Munson, Blackland
- Denton County DWI Defense Lawyer - Dallas, Denton, Flower Mound, Fort Worth, Southlake, Hebron, Argyle, Justin, Lake Dallas, Plano, Bartonville, Coppell, Northlake, Carrollton, Corinth, Hebron, Highland Village, Justin, Lakewood Village, Lewisville, Northlake, Prosper, The Colony, Westlake