Texas DWI Law – ALR Suspension

Texas DWI Law – ALR Suspension

When a certain citizen is arrested by a police officer, he is often told that his driver’s license will be automatically and immediately suspended the moment he refuses to undergo with a breath or blood test. This is actually incorrect.

Peace officers are required to take possession of any Texas license issued by this state from the arrested individual and provide the person with a temporary driving permit that is valid for 41 days only. Moreover, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing is done.

Unless a hearing is requested to challenge the ALR suspension, the suspension would be automatic. The request would be a within fifteen (15) days after having the notice for suspension from the arresting agency on a Department of Public Safety approved form. That is expected to be received on the day of arrest.

The suspension will automatically start 41 days after the receipt of notice if a hearing is not timely requested. But if a hearing has been requested, there would be no suspension-related action to be taken until the hearing takes place. It doesn’t matter if the hearing will take place more than 40 days after the arrest. The suspension can also be delayed for an additional 90 days in the event of an ALR appeal.

After the hearing, the driver may reinstate his driving privileges provided that he already submitted a special TDPS form that must be sent to the Department of Public Safety

.