Administrative Driver's License Revocation Hearings
| Author | Deandra M. Grant/Kimberly Griffin Tucker |
| Pages | 103-138 |
ALR HEARINGS
3-1
CHAPTER 3
ADMINISTRATIVE DRIVER’S
LICENSE REVOCATION HEARINGS
I. WHAT IS AN ADMINISTRATIVE LICENSE REVOCATION HEARING?
A. A Brief Overview
§3:01 The Law of ALR
§3:02 ALJ’s Role
§3:03 Deadline for Requesting the ALR Hearing
§3:04 Location of Hearings
§3:05 Keeping Up with ALR Rules and Procedures
§3:06 E-Filing
B. Why ALR Hearings Are Important
§3:20 A Discovery Goldmine and More
§3:21 The Goals of This Chapter
C. Educating Your Client About the ALR Hearing
§3:30 Start at the First Meeting
§3:31 Documents to Request from Your Client
§3:32 The DIC-24: Check for a Proper Warning
§3:33 The DIC-25
§3:34 The DIC-25 and Blood Tests
II. REQUESTING THE ALR HEARING
§3:40 Information Needed to Make the Request
§3:41 Dealing with Unknown Information
§3:42 Making the Request by Mail
§3:43 Making the Request by Fax
§3:44 Making the Request by Telephone
§3:45 Making the Request Online
III. RESETTING THE ALR HEARING
§3:50 The “5-Day” Reset
§3:51 Defense’s Motion for Continuance
§3:52 DPS’s Motion for Continuance
§3:53 Defense’s Failure to Appear at the ALR Hearing
IV. VENUE OPTIONS
§3:60 In Person or Telephone
§3:61 Pros and Cons to Consider When Choosing Venue
§3:62 Changing Venue
ALR HEARINGS
Texas DWI Manual 3-2
§3:63 Venue Change With a 5-Day Reset
§3:64 Motion to Transfer Venue
V. OBTAINING DISCOVERY FOR THE HEARING
§3:70 What Discovery to Request
§3:71 How to Request Discovery
§3:72 DPS’s Response to Discovery Request
VI. OBTAINING WITNESSES FOR THE HEARING
A. General Points
§3:80 A Subpoena Is Necessary
§3:81 Witnesses You Should Subpoena
§3:82 Knowledge of Subpoena Procedure Is Essential
B. Attorney Issued Subpoenas
§3:90 For the Officer(s) Who Stopped and Arrested Your Client
§3:91 Serving the Subpoena
§3:92 Return of Service
§3:93 Witness Fee
C. SOAH-Issued Subpoenas
§3:100 For Civilian Witnesses and Additional Peace Officers
§3:101 Necessary to Show Good Cause
§3:102 Return of Ser vice
D. Service and Appearance Problems
§3:110 What If You Can’t Get Your Witness Served?
§3:111 What If the Witness Was Personally Served but Does Not Appear?
§3:112 What If DPS Moves for Continuance?
VII. THE ALR HEARING
A. The Elements DPS Must Prove to Suspend Your Client’s License
§3:120 Notice of Hearing Is DPS’s Pleading
§3:121 Check for DPS Pleading Errors
§3:122 DPS Can Prove Case with Documents Only
§3:123 The Refusal Case
§3:124 The Failure Case
B. Attacking the Elements
§3:130 Begin with Stop and Arrest
§3:131 Did the Officer Have Reasonable Suspicion to Stop or Make Contact?
§3:132 Was Your Client Arrested?
§3:133 The Refusal Element
§3:134 .08 or Greater
C. Winning the ALR Hearing on a Technicality, aka Paperwork Wins
§3:140 Scour the Documents
§3:141 Common Mistakes to Look For
D. Using the ALR Hearing for Discovery
§3:150 Take Time to Prepare
§3:151 Take Advantage of the Officers’ Lack of Preparation
§3:152 Obtaining the Hearing Transcript for Use in Court
VIII. AFTER THE ALR HEARINGTHE CONSEQUENCES OF GRANT OR DENIAL OF SUSPENSION
§3:160 Grant of Suspension
§3:161 Adult Suspension Periods
§3:162 Adult Enhanced Suspension Periods
§3:163 DUI & DWI/Minor Suspension Periods
§3:164 Denial of Suspension
ALR HEARINGS
3-3 Administrative Driver’s License Revocation Hearings
IX. APPEALING THE ALJ’S DECISION
§3:170 Standard of Review
§3:171 When to File the Appeal
§3:172 Where to File the Appeal
§3:173 Transcript for Appeal
§3:174 The Petition for Appeal
§3:175 Appeal by DPS
§3:176 Stay of Suspension
§3:177 Expunging ALR References on Driving Records
X. FORMS
3-1 Pro Se ALR Hearing Request Form—Refusal or Breath Test Failure
3-2 Attorney Form—ALR Hearing Request—Refusal or Failure
3-3 Attorney Form—ALR Discovery Request
3-4 5-Day Reset Request
3-5 Motion for Continuance
3-6 5-Day Continuance and Venue Transfer Request
3-7 Motion to Transfer Venue
3-8 Petition for Appeal of Administrative Decision
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