If you refuse or fail a chemical test to determine the level of alcohol in your system, you may be arrested for DWI, and your driver's license will be suspended. You will be notified of suspension upon your refusal or failure, and you will have a specified time to contest the action against your license privileges by requesting an ALR hearing. The critical aspect that would be up for determination in a court hearing would be whether you refused or failed to take the chemical test and whether or not the officer had a just cause to stop and arrest you. You need an experienced Frisco criminal lawyer to resolve your case immediately.
If you win an ALR contest, you can receive your driver's license back. However, if you lose, you could be deprived entirely of driving privileges. The duration of suspension can be for a short or extended period, depending on failure or refusal to take the test and prior offenses. These outcomes do not influence criminal procedures within your DWI case.
If your driver's license was suspended or canceled because of a traffic offense, you are allowed to demand an ALR hearing within a maximum period of 15 days. Your agency may take as long as 120 days to schedule your hearing. The presiding judge upon your case gives his final judgment after studying the case facts and hearing both the parties' arguments. Under the ALR hearing, you might be allowed to explain yourself or argue why you should keep your driver's license. Most often, the decision comes at the end of the hearing. You can appeal a court ruling if you are not pleased with the ruling from your ALR meeting.
If you refuse a blood or breath test, the officer arresting you will take your driver's license and give you a suspension notice. The suspension notice will be a temporary driver's license for 40 days after your arrest. On day 41, DPS will automatically suspend your license if you have yet to get an ALR hearing.
If an individual does not request a hearing for an ALR or loses the hearing, their driver's license will be suspended. The suspension period will depend on circumstances, such as prior suspensions and whether the individual refused or failed a blood or breath test.
Refusal is a 180-day ALR suspension the first time and a 2-year suspension if it happens a second time. If a person fails a blood or breath test, it will result in a 90-day ban on the first offense and a one-year punishment on the second.
An ALR hearing must be requested within 15 days after a person refuses to submit to a breath or blood test. If a person consents to taking a blood test but receives notice by mail that their license will be suspended, they will have 20 days to request an ALR hearing. You require the services of a Frisco ALR hearing attorney for better representation of your case.
It can be a hassle to contest an administrative suspension of a driver's license. To challenge the action, you must produce evidence and build strong arguments. Happily, you don't have to do this alone. A criminal defense attorney can assist by applying their expertise for a favorable outcome.