Administrative License Revocation Hearings in Texas
Legal Assistance From a San Antonio DWI Lawyer
After being pulled over for suspected DWI in Texas, if you refuse to take a blood or breath test, you face a license suspension of up to two years. This suspension falls under the Administrative License Revocation (ALR) Program. The ALR Program is a civil process as opposed to the criminal court process. It handles individuals arrested for DWI or BWI (boating while intoxicated) who would not take or who failed these tests.
It is important to understand that you only have a 15-day window to request an ALR hearing after the date of your arrest. That is why it is vital that you consult with one of our San Antonio DWI attorneys as soon as possible. At Smith & Vinson Law Firm, we stand ready to aggressively fight for you against DWI charges. Our legal team has an abundance of skill and knowledge that will help you get through the ALR hearing.
For legal assistance representation at an ALR hearing, contact our firm at (210) 960-9557 immediately following a DWI arrest.
Why You Need an ALR Hearing
Essentially, you need to request an ALR hearing as soon as possible after a DWI arrest to have an opportunity to challenge an automatic license suspension. By doing so, you will be compelling the Texas Department of Public Safety (DPS) to prove that it has a real DWI case against you that should move forward in the courts. The DPS will have to show that sufficient probable cause or suspicion existed to cause law enforcement to stop you and make your arrest. If the Department cannot present a strong case against you, you may win by default and save your license.
Winning at an ALR hearing is not simple. You will need the legal skills and resources of a capable and experienced law firm. For this reason, it is best to retain the services of a DWI lawyer with a proven track record of success.
If you refused to submit to blood or breath testing, DPS will be obligated to prove:
- That law enforcement in the case had reasonable suspicion or probable cause to pull you over to make an arrest
- That probable cause existed that caused the police officer to believe you were intoxicated while operating a vehicle in a public area
- That the officer made a valid request asking you to submit to chemical testing
- You refused to take the breath or blood test requested by the arresting officer
If you failed a blood or breath test, DPS will be obligated to prove that:
- Your blood alcohol concentration (BAC) measured .08 or higher when you were operating your vehicle
- The arresting officer had sufficient suspicion or probable cause to stop you
How a San Antonio DWI Lawyer Can Help Defend You
A skilled San Antonio DWI lawyer can assist you by meticulously examining the legality of the traffic stop that led to your DWI arrest. By exploring potential violations of your rights, your lawyer can argue whether law enforcement had reasonable suspicion or probable cause to stop you in the first place. This could involve reviewing dashcam footage, police reports, and any witness statements.
Moreover, your attorney will work to dismantle the evidence presented by the Texas Department of Public Safety. They will carefully scrutinize the procedures followed during your arrest, especially in relation to the chemical testing. If any irregularities are found—for example, if the breathalyzer was not calibrated correctly, or if the officer did not follow proper protocol—your lawyer can use this information to strengthen your defense.
Additionally, having a DWI lawyer means you have a professional who is well-versed in Texas DWI laws and the intricacies of the ALR process. They can help you understand the hearing's dynamics and develop a robust strategy tailored to your unique situation. Their expertise may greatly increase your chances of a favorable outcome, potentially allowing you to maintain your driving privileges while your case is resolved.
Talk With Our San Antonio DWI Attorneys
Smith & Vinson Law Firm is here to fully assist you throughout the ALR process. Our goal is to ensure that your legal rights and best interests are protected. Our experienced attorneys have earned an outstanding reputation for effective results in handling DWI cases throughout Texas. We can devise a customized legal strategy based on the particulars of your case that is designed to optimize results. We urge you to take advantage of our skills by calling us today.
Contact us for Administrative License Revocation assistance in San Antonio and the surrounding areas at (210) 960-9557.
Our Clients Are Our Biggest Endorsers
Hear What They Have to Say
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Throughout the whole process, I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened.- Ronald D.
A Proven Track Record
Check Out Our Recent Case Results
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Charges Avoided Assault
Client had been celebrating his birthday and tried to prevent some of his guest from driving while intoxicated. While attempting to arrange an alternative ride for a relative, the relative’s girlfriend decided she wasn’t having it and decided to start an altercation with a few other guest. Later she accused our client of having assaulted her and sending her to the hospital.
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Charges Dismissed Sexual Assault
Our client met a woman on a dating app who claimed that she was sexually assaulted. We assisted our client in interviewing with the police. He was facing up to 20 years in prison and lifetime sex offender registration. After Smith and Vinson's thorough review of the case and careful negotiations, the case against him was dismissed by the District Attorney's Office.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
Our client was accused of restricting his wife’s airway with a plastic bag. His wife, who had been a chronically unfaithful and emotionally abusive alcoholic, provided a video to the State to try and get our client charged with a felony.
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Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
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No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.