If you’ve been arrested for driving while intoxicated (DWI) or another serious driving offense in Fort Worth, Texas, you may find yourself facing more than just criminal charges – your driver’s license could also be on the line. In Texas, the DMV Administrative License Revocation (ALR) hearing is a defendant’s chance to contest a license suspension after an arrest for driving while intoxicated or refusing a breath or blood test.
The rules in ALR hearings are complex, and making a single mistake or missing a tight deadline could mean losing your right to drive for months or even years. Having a knowledgeable attorney on your side can greatly improve your chances of keeping your license and protecting your record. Cofer Luster Criminal Defense Lawyers is here to help you build a strong criminal defense.
Contact us today at (682) 777-3336 to schedule a consultation with a Fort Worth DMV hearing lawyer.
Why Hire Cofer Luster Criminal Defense Lawyers If You’re Facing a DMV Hearing in Fort Worth, TX?
If you’re facing an ALR/DMV hearing in Fort Worth, TX, what you do next could determine whether you keep or lose your license. At Cofer Luster Criminal Defense Lawyers, we provide experience and in-depth knowledge.
Benefits of working with our Fort Worth criminal defense lawyers include:
- Pam Boggess and Cody Cofer are both Board Certified in Criminal Law by the Texas Board of Legal Specialization (TBLS), reflecting a commitment to the highest legal standards.
- Our attorneys have 60 years of combined experience handling a wide range of criminal cases, including tough DMV hearings.
- We’ve successfully defended hundreds of clients at license hearings and trials across Texas.
- Our legal team includes former prosecutors, a former magistrate judge, a former federal public defender, two board-certified attorneys, and a law professor, offering clients a unique perspective when building a defense.
Facing a DMV hearing in Fort Worth can feel like fighting an uphill battle, but it’s not one you have to handle alone. Contact us today to schedule your initial consultation.
Overview of DMV Hearings in Texas
Texas ALR hearings are formal proceedings that decide the fate of your driver’s license after an arrest for DWI or alcohol-related offenses. Unlike your criminal case, the ALR hearing is handled separately as an administrative matter where the Texas Department of Public Safety (DPS) seeks suspension, and the hearing is conducted through SOAH’s driver’s license hearing program.
An ALR hearing is typically required when you:
- Refuse to provide a breath or blood sample following a DWI arrest
- Take a breath or blood test, and the result is at or above the legal limit, or otherwise qualifies under Texas DWI laws
- Are accused of an alcohol-related violation while under the age of 21
You only have 15 days from the date you receive/are served the Notice of Suspension (often the day of arrest) to request a hearing. If you fail to request your ALR hearing within 15 days, your driver’s license is automatically suspended. Most times, challenging a suspension becomes impossible after this deadline.
What Happens During the Hearing?
During an ALR hearing, a DPS attorney presents evidence before a hearing officer or judge to justify suspending your license. The DPS must typically demonstrate that the police had a lawful reason to stop you, there was probable cause to arrest you for DWI, and that any required statutory warnings were given.
If your case involves failed testing, they must also show that the test was correctly administered and documented. The rules of evidence are less strict than in a traditional courtroom, and the state’s burden of proof is lower than the “beyond a reasonable doubt” standard in a criminal case.
Working with a Fort Worth DMV hearing attorney can give you the best chance at challenging the suspension and make sure all deadlines are met.
What Are the Potential Outcomes for DMV Hearings in Fort Worth, Texas?
The outcome of your DMV hearing in Fort Worth will have a direct impact on your driving privileges and possibly your court case for DWI. Understanding the possibilities can help you anticipate your next steps and begin planning your best defense.
Outcome 1: Win the Hearing
If you succeed at your hearing, your driver’s license suspension is avoided. This means the arrest does not result in administrative suspension, or rescission happens if the suspension was previously imposed.
Outcome 2: Lose the Hearing
If the hearing officer sides with DPS, you will face a driver’s license suspension. Suspensions for failing a test typically last 90 days, while refusals can lead to up to 180-day suspensions, though prior convictions or license suspensions can increase the suspension.
Outcome 3: Officer/DPS Evidence Problems
Sometimes, hearings are dismissed because the arresting officer missed the hearing or the DPS can’t supply the needed evidence. In these procedural circumstances, your suspension could be dismissed entirely. While a win here is often the result of technicality or missed requirements, it still has the important benefit of protecting your license.
What Defenses Can Be Raised at DMV Hearings?
There are several defenses that can be raised during a Texas DMV (ALR) hearing to challenge your driver’s license suspension.
Stop and Arrest Defenses
You may argue that the officer had no reasonable suspicion for the initial traffic stop or unlawfully prolonged the stop without legal cause. It’s also possible to challenge whether the officer truly had probable cause to arrest you for DWI in the first place.
Testing and Procedure Defenses
You can argue that you were never clearly warned about your rights in the case of refusal. You can also contest the validity of a refusal due to confusion, a language barrier, or a medical condition. Additionally, you could challenge breath and blood test reliability if the procedures, machine maintenance, documentation, or chain of custody weren’t legally followed.
Evidence-Based Defenses
Bodycam or dashcam footage might directly dispute an officer’s account of what happened and why they believe you were intoxicated. Your attorney can also offer alternative explanations for signs of intoxication, such as medical conditions or fatigue.
Working with an experienced Fort Worth criminal defense attorney who can help defend you at these hearings is the best chance to secure a successful outcome.
Facing an ALR hearing without an experienced attorney increases your risks of unnecessary license suspension and serious consequences for your future. The DMV process is fast and often intimidating if you are not familiar with Texas law. By working with Cofer Luster Criminal Defense Lawyers, you give yourself a legitimate chance to fight back.
Reach out today to speak with a Fort Worth DMV hearing lawyer.
