An administrative license revocation hearing, also known as an ALR hearing, is a civil hearing to determine whether the government can suspend an individual’s driver’s license. Your right to an ALR hearing is constitutional, namely your right to procedural and substantive due process.

The following list of accusations will typically initiate a driver’s license suspension.

1. Refusal to take or failing to complete a breath or blood alcohol test,
2. Taking a blood alcohol test or breath test that registers a blood alcohol concentration equal to or higher than the legal limit while driving a non-commercial motor vehicle,
3. Taking a blood alcohol test or breath test that registers a blood alcohol concentration of .04% or higher while driving a commercial motor vehicle.

If you are accused of driving/boating while intoxicated, you must request an ALR hearing, or you waive your right, and your license will be suspended automatically. Typically, when charged with a DWI, the officer will take your driver license and issue you a suspension notice. You have 15 days from the date the notice is served to request an ALR hearing to contest your driver license suspension. If a hearing is not requested, the suspension goes into effect on the 40th day after you were served notice.

After a request is made, the State office of Administrative Hearing will send notice of your hearing date. This process loosely follows civil procedure. You must make discovery request to the State and issue lawful subpoenas to anyone who you intend to provide testimony at the hearing. It is extremely important to subpoena the arresting officer. Typically, the State will admit the following into evidence, DIC-23 (Police Officers Sworn Report), DIC-24 (Statutory Warning), and DIC-25 (Notice of Suspension Temporary Driving Permit).

At the hearing you get the opportunity to question the officer and can glean evidence that can help in your criminal case. The opportunity to ask question about procedures, cause to stop, and any other relevant case specific issues may give you the opportunity to mitigate your criminal case, and if trial is required, you can use the hearing transcripts if necessary.

If you are charged with a DWI, contact an attorney immediately so they can request an ALR hearing and begin the process of fighting these criminal accusations.