What is an ALR Hearing?
The ALR law took effect January 1, 1995. ALR is a civil, administrative process separate from criminal court proceedings. Its stated goal is to get drunk drivers off the road by revoking their driver licenses.How ALR Works:
A law enforcement officer decides that there is reasonable suspicion to stop a driver and probable cause to arrest the motorist for drunk driving.
If the officer has reason to believe that the driver is impaired, a set of field sobriety tests is administered. If the driver fails the tests, the driver is arrested for DWI.
Once at a police station or sheriff's office, the driver is asked to take a chemical test to measure his blood alcohol concentration (BAC) level. This is usually a breath test.
The officer serves the offender with a notice that his driver license will be suspended if he or she refuses to take the test or fails it (registering a .08 BAC or greater).
The officer confiscates the Texas driver license and issues a temporary driving permit.
The driver has 15 days from the date that the suspension notice is received to request a hearing. If no hearing is requested, then the suspension goes into effect on the 40th day after notice was served (usually 40 days after arrest).
The driver pays a $125 fee to reinstate the license after a period of suspension.
The ALR process also applies to individuals arrested for boating while intoxicated (BWI) who refuse to take a chemical test.
The driver’s license is suspended for failing the BAC test for:
- 90 days, if a first offender;
- One year, if previously suspended for failing or refusing the test or previously suspended for DWI, intoxication assault or intoxication manslaughter conviction.
- 180 days, if a first offender;
- Two years, if previously suspended for failing or refusing the test or previously suspended for DWI, or intoxication assault or intoxication manslaughter conviction.
In 2000, 98,910 licenses were suspended under the ALR process.