Conroe ALR Hearing Lawyer

Effective Legal Advocacy in Montgomery County, TX

Once you are arrested for driving while intoxicated (DWI), the officer is required to give you written notice that your license will be suspended. Generally, this is done at the scene of the arrest and read aloud to you. Once the officer gives you the written notice, you have 15 days from to request your administrative license revocation hearing (ALR hearing).

Your request must be in writing and sent to the Department of Public Safety in Austin, Texas. Conroe ALR hearing lawyer, Douglas W. Atkinson, Attorney at Law can help you manage this process and protect your ability to drive.

Schedule a free consultation about how to proceed by calling (936) 681-0031 or contacting our attorney online.

Occasionally, the officer will not give you the notice at the time of arrest. If you did not receive notice, either in person or by mail, you should immediately contact DPS and a Conroe DWI defense attorney to preserve your right to fight your driving privileges.

What If You Do Not Request a Hearing?

If you do not request a hearing within 15 days, you waive your right to a hearing. DPS will then suspend your Texas driver’s license 40 days after you were given written notice of the suspension.

If your license was suspended because you refused to be tested, your prosecutors must prove:

• The law enforcement officer had reasonable suspicion to stop you or probable cause to arrest you
• The law enforcement officer had probable cause that you operated a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated
• You were placed under arrest and the law enforcement officer offered you an opportunity to provide a specimen of breath or blood under the provisions of Tex. Trans. Code Ann. Ch. 724
• You refused to provide a specimen on request of the officer

If you failed a breath or blood test, your prosecutors must prove:

• You had an alcohol concentration of a level specified in Section 49.01 Texas Penal Code, while operating a motor vehicle in a public place
• The law enforcement officer had reasonable suspicion to stop you or had probable cause to arrest or take you into custody

Can You Win the ALR Hearing?

Attorney Atkinson has conducted hundreds of ALR hearings with outstanding success. As your advocate, he will carefully review the facts, the offense report, and the video tape evidence to use that evidence to fight for your license. He has had many cases thrown out by judges because the law enforcement officer did not have reasonable suspicion to stop the vehicle, or they did not establish probable cause of the driver's intoxication.

Aside from protecting your license, the ALR hearing is also important because it is recorded. The cross examination of the law enforcement officer can be very beneficial to the DWI trial. The officer is locked in to his testimony and the ALR record can be used to impeach him during the criminal trial.