Administrative Driver's License Revocation Hearings

• Author: Deandra M. Grant/Kimberly Griffin Tucker
• Pages: 89-124

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

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 First Meeting

§3:31 Documents to Request from 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 You Need 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

III. Resetting the ALR Hearing

§3:50 The “5-Day” Reset

§3:51 Defense Motion for Continuance

§3:52 DPS Motion for Continuance

§3:53 Defense Failure to Appear at the ALR Hearing

IV. Venue Options

§3:60 Live or Telephonic

§3:61 Pros and Cons to Consider When Choosing Venue

§3:62 Changing Venue

§3:63 Venue Change With a 5-Day Reset

Texas DWI Manual 3-2

§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

C. SOAH-Issued Subpoenas

§3:100 For Civilian Witnesses and Additional Peace Officers

§3:101 Necessary to Show Good Cause

§3:102 Return of Service

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?

§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 Hearing—the 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

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

3-3 Administrative Driver’s License Revocation Hearings

§3:175 Appeal by DPS

§3:176 Stay of Suspension

§3:177 Expunging ALR References on Driving Records

X. Forms

3-1 ALR Hearing Request

3-2 ALR Hearing and Discovery Request

3-3 5-Day Reset Request

3-4 Motion for Continuance

3-5 5-Day Continuance and Venue Transfer Request

3-6 Motion to Transfer Venue

3-7 Desk Subpoena

3-8 Witness Fee Letter

3-9 Subpoena Duces Tecum

3-10 Petition for Appeal of Administrative Decision