Anyone facing an arrest and, later, charges of driving while intoxicated (DWI) or driving under the influence (DUI) in the state of Texas or Arizona will face several legal hurdles that will need to be overcome. Some of these hurdles include getting through the initial jail process and bonding out; the court process, going to trial on an innocence plea, pleading no contest or guilty to the charge, and completing possible jail time or probation as a result of a plea or being convicted on these charges.
Depending on the accused person’s circumstances of the arrest, they may also face an immediate suspension of their driving privileges or driver’s license, as well as face administrative hearings. Therefore, it is important to fully understand and protect your rights during this entire process and it is important to obtain a qualified DUI attorney or a DWI lawyer to represent you and assist you during this process so that you can ensure that you received the best possible outcome, including representation during administrative actions regarding your driver’s license and the criminal actions that resulted from the arrest.
What Is an ALR Hearing?
Administrative License Revocation (ALR) Hearings were created in order to provide an efficient administrative method regarding the proposed suspension of the DWI or DUI accused person’s driver’s license. The ALR Program, which includes a hearing, allows an individual facing charges of driving under the influence (DUI) or driving while intoxicated (DWI) the opportunity to request their license remain active.
According to Texas state law, a person who refuses to submit to blood or breath tests during a DUI or DWI arrest will have their license automatically suspended unless an ALR hearing is requested by the accused and the accused wins their case before the ALR judge presiding over the hearing.
According to Arizona state law, a person who refuses to submit to a blood or breath test during a DUI stop, and later a DUI arrest, mayface automatic license suspension for up to one year and possiblytwo years if the accusedrefused to take a previous test within the last five years. After the DUI arrest, the accused has 15 days to ask for an ALR hearing in order to challenge their license suspension (“Arizona DUI Defense: The Law and Practice”, by James Nesci). Unlike Texas, if the challenge is filed with the DPS with those 15 days, the license suspension is considered stayed until the case is settled.
Right to Have an Attorney in ALR Proceedings
As with other legal hearings, the accused in an ALR proceeding has the right to seek legal counselor during the ALR process. They may also represent themselves during these proceedings. However, if you try to go it alone, you may not know the ins and outs of requesting evidence, subpoenaing officers or presenting evidence at the hearing. The Department of Public Safety, which acts as the prosecutor at this hearing, is not responsible for providing legal guidance to the accused. In order to effectively prepare a winning defense to keep your driving license active, it is important to employ a qualified DUI attorney or DWI Lawyer as early in this process as possible. The Goldstein & Scopellite, PC attorneys specialize in ALR defense and they can provide invaluable legal guidance and representation throughout the ALR proceedings. As well as the subsequent DWI or DUI charges and possible trial, which will follow.
Issues Determined During the ALR Hearing
Under Texas law, individuals who refuse a breathalyzer test are subject to a minimum 180-day suspension. Those who fail a breath test face a minimum 90-day suspension unless they win at their ALR hearing. Those who do not refuse to take the breathalyzer test face a 90 day suspension unless they win at their ALR hearing. If you do not request an ALR hearing your license will be suspended for the requisite period of time accorded by law. During the ALR hearing, the state will try to determine if there was sufficient probable cause for the initial traffic stop as well the probable cause leading the arresting officer to suspect intoxication and then whether there was enough evidence to prove intoxication. The officer and the mechanics of the breathalyzer machine can be questioned. The information derived at this hearing can also be used in the upcoming DUI or DWI criminal proceedings Therefore, it is important to have the assistance of a qualified DUI lawyer or DUI attorney prior to entering the ALR hearing so that your rights are protected.
Under Arizona law, individuals who refuse a blood or breath test are notified that refusing the test will result in licensure suspension of up to one year. The suspension usually takes effectin 15 days if no legal action has begun or nochallenge to the suspension has been made. If a challenge is made to the license suspension, an administrative law judge will hear the case. Again,it is wise to have a qualified ALR hearing Attorney who undersatnds DUI defense attend this hearing.
Please contact Goldstein & Scopellite, PC, with offices in Dallas, Texas and Tucson Arizona. Goldstein & Scopellite, PC was established in 2002. For additional information, please see their local listing in D Magazine.
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