Why is it important to request an ALR hearing?

There are a number of good reasons to request an ALR hearing. First and foremost, the best reason to request such a hearing is to attempt to save your driving privileges. Second, by requesting an ALR hearing, you force the State of Texas to prove the police officer that stopped and arrested you did so with either reasonable suspicion or probable cause. By litigating these issues, you ensure that your rights are protected. Also, if the State fails to prove that probable cause or reasonable suspicion existed to stop or detain you, it might be prevented from re-litigating the same issues in your subsequent criminal prosecution for DWI. This could result in a dismissal of the criminal charges against you.

In the ALR hearing there are two possible theories of prosecution that the State will argue. The first is that you refused to take an alcohol breath-test and the second is that you took such a test and failed it. The DPS must prove the following depending upon the facts of your case:

Driver's License Suspension based on a refusal:

If you have refused to submit to chemical testing then our law requires the State of Texas to prove the following at an ALR hearing:

1) reasonable suspicion or probable cause existed to stop or arrest you;

2) probable cause existed to believe you operated a motor vehicle in a public place while intoxicated;

3) you were placed under arrest and properly requested to submit to chemical testing; and

4) you refused the test upon proper request of the officer. 

Driver's License Suspension based on a test failure:

The issues are slightly different if you submit to and fail chemical testing. If you fail, the DPS must prove the following two issues:

1) that you had an alcohol concentration of .08 or more while operating a motor vehicle in a public place and at the time of testing; and (2) that there was probable cause to arrest or reasonable suspicion to stop you.

Proof is generally submitted in the form of the arresting officer's written affidavit, but sometimes subpoenas are issued and the officer actually testifies. In either event, a skilled and knowledgeable attorney is a necessity to ensure that your rights are protected.