Administrative License Revocation
The police officer who confiscated your license issued you a “Notice of Suspension, Temporary Driving Permit,” in the form of a yellow piece of paper called a DIC 25.
In Texas, having a driver’s license is a privilege and not a right. Licensees have an implied contract with the State, wherein you agree to abide by certain laws (like not driving while intoxicated) in exchange for said privilege. Under this contract, there is also implied consent that you agree to give a breath or blood sample to any police officer suspecting you of DWI. See Chapters 524 of the Texas Transportation Code (for those who gave a specimen and indicated over the limit and for minors with any detectable level of alcohol in their system) and 724 of the Texas Transportation Code (for those who refused to give a blood or breath specimen). The breach of this contract is a civil matter and not a criminal matter.
If you are arrested for DWI or charged with DUI in Texas, you will face both criminal charges, and a civil proceeding to suspend your driver’s license. This civil proceeding is characterized by the TX DPS attempting to suspend your driver’s license. The process is initiated by the arresting officer confiscating your driver’s license and giving you a yellow piece of paper titled, “Notice of Suspension, Temporary Driving Permit.” At which time you have 15 calendar days to request an ALR hearing.
If you do not request an ALR hearing, then your license will be automatically suspended on the 41st day after the date of the Notice of Suspension.
If you (likely through your attorney) do request an ALR hearing, then your temporary license is valid until the ALR hearing is held and the Administrative Judge determines that your license should be suspended.
The Notice of Suspension, also called a DIC 25, describes how to request an ALR hearing.
Who Are the Parties to An ALR Proceeding in Texas?
The State of Texas, through the DPS, is seeking to suspend your driver’s license in an ALR hearing. The DPS will use its own attorneys to represent them in the ALR. Your lawyer and the DPS attorneys will present their evidence to an Administrative Law Judge (usually another attorney hired by the State Office of Administrative Hearings).
What Must the DPS Prove to Suspend Your License?
The ALR is not a jury trial, it will be held before an Administrative Law Judge. The only facts at issue in the ALR are …
If you failed a BAC test or if you are a minor with a detectable amount of alcohol, then the DPS must prove by a preponderance of the evidence (it’s more likely than not) that:
Your BAC was over the legal limit while operating a motor vehicle in a public place, or while operating a water craft, or
You were a minor on said date and that there was a detectable amount of alcohol in your blood while operating a motor vehicle in a public place or while operating a watercraft; and
That reasonable suspicion to stop or probable cause to arrest you existed (Tex. Trans. Code §524.05)
If you refused to be tested for alcohol content, then the DPS must prove by a preponderance of the evidence that:
Reasonable suspicion or probable cause existed to stop or arrest you
Probable cause existed to believe that you were
a. Operating a motor vehicle in a public place while intoxicated; or
b. You were operating a watercraft powered by an engine rated by the manufacturer to have 50 horsepower or more, while intoxicated.You were placed under arrest by an officer and you were requested to submit to the taking of a specimen; and
You refused to do so after the officer made such request. See §724.042.
The ALR is a civil matter (it is not part of the criminal case).
Therefore, the government’s burden of proof is “by a preponderance of the evidence” (it’s more likely than not), which is an easy threshold for them to reach.
It has been my experience that the DPS wins most of these cases. The burden of proof is likely going to be easy for them to meet and sometimes all they need to do is offer the available paperwork into evidence and simply rest their case. “A preponderance of the evidence” is a low burden of proof.
Your lawyer may or may not choose to bring you to the ALR hearing. If you attend an ALR hearing, keep in mind that anything you say at the civil hearing can and will be used against you at the criminal court case.
How Long Will Your ALR Driver’s License Suspension Last?
Several factors determine how long your ALR suspension will last:
• The nature of the case
• Whether you have any prior alcohol-related or drug-related “contacts” within a certain period (see Transportation Code §524.001(3))
Adult Defendants With No Prior Contacts
90 day suspension in failure cases.
If it’s proven that you had “contacts” during the 10 yrs preceding your arrest, then the suspension is “enhanced” to 1 year.180 day suspension in refusal cases
If it’s proven that you had “contacts” during the 10 yrs preceding your arrest, then the suspension is “enhanced” to 2 years.
Minor (underage) Detectable Amount Cases (aka DUI Cases)60 day suspension if no previous alcohol-related convictions
If proven that the minor had a certain amount of alcohol-related driving convictions, the suspension can be enhanced to 120 or 180 days.
**If your license is suspended, you may be able to apply for an occupational driver’s license.