If you’ve been arrested for DWI, the Department of Public Safety (DPS) will seek a suspension of your driver’s license. This is commonly referred to as an ALR hearing. As mentioned previously, once arrested for DWI you will be read a DIC-24. The DIC-24 contains warnings and requests a sample of your breath or blood. As a result of refusal or failure of the breath or blood test, your license will be confiscated.
After a failure or refusal, you will then be issued a DIC-25. The DIC-25 is a temporary driving permit. From the moment you receive that document, you have 15 days to request an ALR hearing. This document also provides the information required for requesting an ALR hearing.
ALR DISCOVERY & WITNESS (OFFICER) SUBPOENAS
Requesting discovery for the hearing can be done by fax or mail, and must be filed after DPS has received a request for your ALR hearing. Once received, DPS must respond within 5 days of receiving a request for discovery.
Next, the arresting officer must be properly served with a subpoena. It is your responsibility to subpoena the officer. The easiest way to do this is for your attorney to hire a process server to serve them.
If the officer fails to appear to the ALR hearing, most likely the case will be dismissed and your license will not be suspended! With this in mind, hiring experienced DWI lawyers who can request an ALR hearing and subpoena officers for you is important!
ALR HEARING RESULTS
Because DPS has a much lower burden of proof in establishing the requirements for an ALR suspension, most cases end up resulting in your license suspension. But not all is wasted in a ALR hearing. First, as mentioned earlier, if the officer does not show up (which happens often enough) your case will likely be dismissed. Most importantly though, is the ability to develop a record of testimony from the officer that your lawyer can later impeach him with. Recently, I had an officer testify at an ALR hearing that he arrested my client even though he didn’t believe he had lost the normal use of physical or mental faculties! Because, the State has two ways of proving intoxication, if an officer doesn’t believe someone lost the normal use of their physical or mental faculties, the State is going to have a hard time proving their case at trial.
DWI LAWYERS WITH EXPERIENCE FOR YOUR ALR HEARING
When you hire an attorney with Rogers & Greehey, PLLC, you’re hiring an attorney for the entire DWI case. That means we will not charge you more to represent you at an ALR hearing. Time is literally of the essence. Call one of our DWI Lawyers today!