| An often overlooked part of DWI defense is the | | | | interpreted the blood test result. |
| administrative license revocation (ALR) hearing. While | | | | Since these individuals will be testifying under oath at |
| many times the outcome is a foregone conclusion as | | | | the ALR hearing, this is the opportunity for the |
| the burden for the Department of Public Safety (DPS) | | | | experienced DWI attorney to pin down each witness's |
| is so low, the hearing affords the experienced DWI | | | | story in order to provide impeachment material for use |
| practitioner the means to build a solid defense to the | | | | at the criminal proceeding. Questions about the driving |
| criminal charge. | | | | facts can narrow the reasonable suspicion cited by |
| In Texas, an individual arrested for driving while | | | | the officer as the reason for the encounter. Questions |
| intoxicated has 15 days to request an ALR hearing to | | | | about the officer's observations can be used to erode |
| contest their license suspension, or face a suspension | | | | that officer's probable cause for arresting the motorist |
| of between three and six months for a first offense or | | | | and requesting a breath or blood specimen. Questions |
| up to two years for a subsequent offense. | | | | about the field sobriety tests administered in the field, |
| Too many attorneys show up at the ALR hearing | | | | or at the station, can be used to exclude any evidence |
| without having done anything to prepare other than | | | | of those tests from admission into evidence at trial. |
| look over the documents filed by the arresting officer. | | | | Questions to the state's expert regarding a breath or |
| Those attorneys are missing a golden opportunity to | | | | blood test at the ALR hearing can provide ammunition |
| help their clients. The ALR process allows an | | | | to use to limit the impact of a breath or blood test at |
| experienced DWI attorney to cross-examine the | | | | trial. |
| witnesses the state will call at the DWI trial without | | | | The ALR hearing provides the experienced DWI |
| those witnesses undergoing a proper woodshedding | | | | attorney with the opportunity to depose all of the |
| from the prosecutor. | | | | witnesses who are going to testify against his client at |
| The attorneys for the DPS do not have the time to go | | | | trial. The transcript of the hearing allows the defense |
| over every detail of a stop with the arresting officer | | | | attorney to prepare the case accordingly and to |
| due to time constraints in the ALR process. More | | | | highlight the weaknesses of the state's case. The |
| importantly to the experienced DWI attorney, since the | | | | transcript also provides the experienced DWI attorney |
| burden of proof is lower than in a criminal proceeding, | | | | with a weapon to attack the integrity and credibility of |
| and because the elements that the DPS must prove | | | | the state's witnesses. Should the officer give an |
| differ from the elements of driving while intoxicated, | | | | answer on the stand at trial that differs from the |
| witness preparation by the DPS attorney is minimal at | | | | answer he gave under oath at the ALR hearing, the |
| best. | | | | experienced DWI attorney can pull out the transcript |
| The ALR process allows the experienced DWI | | | | and impeach the officer in front of the jury. |
| attorney to subpoena the arresting officer and other | | | | Finally, the transcript of the ALR hearing also allows |
| officers who participated in the stop, detention or | | | | the experienced DWI practitioner to show the |
| arrest of the motorist. Through the rules governing the | | | | prosecutor the weaknesses in the state's case. On a |
| ALR process, a defense attorney is able to obtain | | | | borderline case, a good ALR transcript can be the |
| documents the arresting officer filed with the DPS, | | | | difference between a dismissal and a trial. |
| such as his sworn report as well as the statutory | | | | Remember, if you've been arrested for DWI in Texas, |
| warning issued to the motorist and the notice of | | | | you have only 15 days to request an ALR hearing to |
| license suspension. | | | | contest your license suspension. Do not waste your |
| In the event a breath or blood test was performed, the | | | | opportunity to gather evidence that could lead to a |
| experienced DWI attorney may also subpoena the | | | | dismissal or acquittal. Contact Houston DWI Attorney |
| breath test operator, the technical supervisor (the | | | | Paul B. Kennedy for more information and a free |
| state's expert on the Intoxilyzer) or the technician who | | | | consultation. |