Why Are ALR Hearings Important?
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If you have been charged with Driving While Intoxicated (DWI) in Texas, an ALR Hearing is important to your future driving privileges. You have 15 days from the day of your DWI arrest to request an ALR hearing. If you fail to request a hearing within 15 days or do not properly request a hearing, your driver’s license will automatically be suspended 40 days after your arrest. See our previous post for more information about the ALR process.
ALR hearings are important because it allows you to challenge the suspension of your driver’s license. There are various ways to defend your driving privileges at an ALR hearing, including, but not limited to:
- finding flaws in the State’s paperwork
- subpoenaing witnesses
- cross-examining the arresting officers and technical supervisors about your case.
A flaw in the State’s paperwork, an absence of a subpoenaed witness, or a proper cross-examination of a witness may defeat the State’s ALR case against you and prevent the suspension of your driving rights.
In addition, an ALR hearing may provide the defense a chance to torpedo the State’s criminal case.
The first thing a person must do after his or her DWI arrest is to request an ALR hearing. This MUST be done within 15 days of the arrest. For more explanations on the ALR process, see our previous post.
Clients often ask why an ALR hearing is important, and for good reason. Many attorneys put little effort into the ALR process, viewing them as lost causes. Statewide, approximately 85% of people lose their ALR hearings. However, this office wins close to 60% of its ALR hearings. The aggressive tactics employed by the team explain this high success rate, which starkly contrasts the state average of 15%.
Ruining the State’s Criminal Case at an ALR Hearing
Let’s consider an example where a client was found NOT GUILTY of a DWI. In this case, the client provided a breath sample of .170, which is more than twice the legal limit of 0.08, and admitted to the officer that he was intoxicated.
How was a not-guilty verdict achieved? The defense team effectively dismantled the State’s case during the ALR hearing. Here are some important points about the ALR hearing:
- Mini-trials: The defense can cross-examine the officer about the facts of the arrest.
- Testimony under oath: The officer’s testimony at the ALR hearing is under oath and on the record. If the officer changes their story at the criminal trial, the ALR transcript can be used to impeach the officer.
- No coaching by prosecutors: The criminal prosecutors do not handle ALR hearings; an attorney for the DPS does. Therefore, the defense can cross-examine the officer before the state can coach them for the criminal trial.
How Did the ALR Hearing Lead to a Not Guilty Verdict?
Before the hearing, the defense team reviewed the police report and found a significant mistake. The officer’s only listed reason for stopping the client was failing to stop behind a designated line at a stop sign. Upon reviewing the video, it was clear that while the client did not stop at the designated stop line, they did stop behind the crosswalk.
Further legal research revealed that stopping behind a crosswalk is not a violation of Texas law. Therefore, the stop was deemed illegal, and any evidence gathered (including the breath test) would be inadmissible at trial.
During the ALR hearing, the defense cross-examined the officer, who admitted that the client had stopped behind the crosswalk and that no other traffic violations warranted stopping the client. The ALR transcript was obtained, and the case was set for a jury trial.
What Happened at Trial?
On the day of the trial, a Motion to Suppress all evidence against the client due to an illegal stop was filed. The motion presented the ALR transcript and the relevant law regarding stop signs and crosswalks (Section 544.010(c) of the Texas Transportation Code). A hearing on the motion followed.
State’s Attempt to “Coach” the Officer
After reading the motion, the State attempted to coach the officer to provide an alternative reason for stopping the client. However, after reviewing the ALR transcript, the trial judge dismissed the State’s argument.
The judge granted the motion to suppress all evidence gathered during the illegal stop, including the breath test result. With no evidence left, the client was found NOT GUILTY.
The Importance of the ALR Hearing
Without a strong performance at the ALR hearing, the State might have coached the officer to offer a different explanation for the stop. However, since the officer’s testimony was pinned down at the ALR hearing, this was not possible. The client was found NOT GUILTY because of the defense’s handling of the ALR hearing, highlighting its critical importance in DWI cases.
Final Word on the Importance of ALR Hearings
The importance of an ALR hearing cannot be overstated. It provides a crucial opportunity to challenge the evidence and procedures used in a DWI case before it reaches the courtroom. By meticulously preparing and aggressively defending our clients during these hearings, we have achieved a remarkable success rate far surpassing the state average. Don’t underestimate the impact of an ALR hearing – it’s a vital step in the defense process that can significantly affect the outcome of your case. Trust our experienced team to fight for the best possible result on your behalf.
