Drivers License Suspension Laws
Texas Administrative License Revocation
(ALR) Law
("Automatic License Revocation")
Texas is one of many states to have an implied
consent law. This law states that each person who has applied
for and been granted a license to operate a motor vehicle on a
public roadway has impliedly consented to providing a specimen
of breath or blood if arrested for DWI and provided with the applicable
consequences of refusal to submit to testing (Texas Transportation
Code §724). Texas appellate courts have also held that an individual
does not have the right to consult with an attorney before making
the decision to refuse or provide a requested specimen. If there
was an accident which produced serious life-threatening injury
or possibility of death, a citizen can be compelled to provide
the requested sample.
Substantial and significant changes in how suspensions
under implied consent violations went into effect January 1, 1995.
Each year the Texas Legislature meets, the topic of DWI is addressed
in some fashion. Significant changes in this law removed jurisdiction
from Justice of the Peace Courts (J.P.) And established a new
bureaucracy called the State Office of Administrative Hearings
(SOAH). This bureaucracy is staffed by "pseudo-employees" of the
Texas Department of Public Safety (TDPS) and given the direct
objective to increase the number of license suspensions for persons
refusing to provide the requested sample of breath or blood. This
new law also added suspension for providing a specimen upon request
that indicated an alcohol concentration above the legal limit
(0.08 gm/210 l - breath or 0.08 gm/100 ml - blood). Another major
change in the prior law withheld from the SOAH Administrative
judge, the authority to "probate" or "suspend" any period of license
suspension that was ordered. As a result, the TDPS objective of
suspending more licenses has been achieved.
The burden of proof at the ALR hearing is on the
Department of Public Safety. The following elements must be proven
only by a preponderance of the evidence and not beyond a reasonable
doubt as in criminal matters:
1.Refusal to Provide Specimen.
2.That reasonable suspicion
to stop or probable cause to arrest the Defendant existed.
3.That probable cause existed
that the Defendant was driving or in actual physical control of
a motor vehicle in a public place while intoxicated.
4.That the Defendant was
placed under arrest and was offered an opportunity to give a specimen
of breath or blood under the provisions of Texas Transportation
Code Chapter 724 AND...
5...that the Defendant
refused to give a specimen on request of the officer.
It is important to note that "refusal" for purposes
of suspension is any failure to provide the requested specimen
for any reason. Examples of what courts have deemed refusal are:
requesting an attorney, insufficient sample as measured by the
machine, failure to make decision in a timely manner, etc.
Providing a Specimen of 0.08 or Greater
As stated earlier, providing any sample that yields
an alcohol concentration of 0.08 or greater can also result in
the suspension of driving privileges under the current Texas law.
The issues to be proven at a failure hearing are:
1.That reasonable suspicion
to stop the Defendant or probable cause to arrest the Defendant
existed AND...
2...that the Defendant
had an alcohol concentration of a level specified in §49.01 of
the Texas Penal Code while driving or in actual physical control
of a motor vehicle in a public place.
Without any prior alcohol or drug related contacts
occurring after January 1, 1995 the periods of suspension are:
| Age of Driver |
Refusal Penalty |
Failure Penalty |
| 21 or Older |
90 days |
60 days |
Prior Contact
w/in 5 years |
180 days-1 year |
120-180 days |
| Minor(<21 at arrest) |
120 days |
60 days |
Prior Contact
w/in 5 years. |
180 days-1year |
120-180 days |
NOTE:"Prior alcohol / drug related enforcement contact"
used to lengthen the period of suspensions state above is defined
as " a driver's license suspension, disqualification, or prohibition
order under the laws of this state or any other state resulting
from:
1...a conviction of driving
while intoxicated or..."
2...a refusal to proved
a requested specimen or..."
3...providing a specimen
showing an alcohol concentration of a level specified in §49.01
Texas Penal Code ( alcohol concentration > 0.08)..."
Because of an agreement with the Texas Legislature
and DPS, for purposes of "prior alcohol/drug related contacts"
occurring before January 1, 1995 cannot be used to lengthen the
period of suspension.
Hearing Request Provisions
WARNING! The
ALR suspension is AUTOMATIC...UNLESS you request a hearing
on the issue, in writing, WITHIN FIFTEEN (15) DAYS after
receiving notice of suspension from the arresting agency on a
Department of Public Safety approved form (generally received
on the day of arrest). If a hearing has not been timely requested,
the suspension will automatically begin on the fortieth (40th)
day after notice was received. If a hearing is requested, no action
will be taken regarding suspension until after the hearing and
all appeals have occurred.
Reinstatement of Drivers License After Suspension
If a suspension is ordered either automatically
or after hearing, a driver must submit a reinstatement fee of
$100.00 to TDPS before the license will be reinstated. I advise
my clients to send their fee to TDPS as soon as they learn that
a suspension has been ordered. Again, because of the huge bureaucracy
that has been created under the new law, waiting until the 60th
or 90th day to submit your reinstatement fee will prolong reinstatement
of your license until the fee has been both received and entered
on the TDPS computer system.
There is a special TDPS form that must be submitted
to reinstate your driving privileges. This form together with
the reinstatement fee must be paid by money order, cashier's check
or personal check and sent by certified mail, return receipt requested
for proper documentation of payment and receipt to:
Driver Improvement and Control Texas Department
of Public Safety P.O. Box 15999 Austin, Texas 78761-5999
NOTE: Driving privileges will be suspended
INDEFINITELY until the Reinstatement fee has been received
and posted on the TDPS computer.
