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Administrative Review Hearing in Texas

Administrative License Revocation (ALR) hearings generally take place two to three months after the initial stop by the officer. The purpose of the hearing is to determine whether the motorist presents a real danger to others or him/herself on the road, and to determine whether taking away a motorist’s license represents a significant hardship on the individual.

Once a motorist, and if he is represented by a criminal defense attorney, request a hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence:

a)      That there was reasonable suspicion to stop or probable cause to stop/arrest the driver,

b)      That reasonable suspicion and probable cause existed because the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated,

c)      That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, AND

d)     That the driver refused to give a specimen on request of the officer, OR, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater per 100ml of blood or 210 liters of breath.

If no suspension is imposed at the hearing, DPS is obligated to return the Texas license to the motorist. If a suspension is ordered either automatically or after hearing, a reinstatement fee of $125.00 must be submitted to TDPS before the license will be reinstated once the suspension period has passed.

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