Plano DWI Lawyer Blog

Another set of changes to the law governing the ALR process will go into effect soon, and some of changes are not positive for Collin and Dallas County who wish to contest the suspension of their license in an Administrative License Revocation hearing.

HB 2370 amends Texas Transportation Code 524.039 and requires a showing of "good cause" before the ALR judge will authorize a subpoena for the breath test operator to appear at the ALR hearing.  In other words, the law now allows the judge to refuse you an oppoprtunity to call the very person who obtained your breath sample as a witness at your ALR hearing.

 The breath test operator is frequently an important witness for the motorist at the ALR hearing and can shed light on crucial defensive issues, such as the requirement that the person suspected of DWI be observed for fifteen minutes prior to the taking of the test.   In order to establish good cause, lawyers for DWI suspects will have to be more diligent and determined than ever to study the facts surroundin the taking of the client's breath. 

From my perspective, this is another example of the slow but sure march to eliminate process for people accused of Driving While Intoxicated.  As an attorney practicing in this field for ten years, I don't understand the harm that the legislature apparently perceives in having an open, complete, hearing on the issue.  I, for one, eagerly view each ALR hearing as an opportunity.  The legislature has decided to erect another barrier, but creative lawyering will frequently carry th day.

Frequently, potential clients ask me if there is any point in conducting an Administrative License Revocation (ALR) hearing.  My answer is always an emphatic YES!  It seems there is a misconception out there that ALR hearings cannot be won by the person accused.  This is false and I can only imagine that this myth is  perpetuated by attorneys that don't put much effort into them.

 Even if you don't win, there are numerous reasons why it's important to conduct an ALR anyway.  First,The ALR hearing will likely be the only opportunity you have to question the police officer that arrested you under oath prior to trial.  If a hearing is set I will compel the State's lawyers to turn over all the evidence they intend to use against you at the hearing.  This will include all police reports and frequently breath or blood test results. Also, unless strategy suggests otherwise, I will require the presence of the arresting officer at your hearing.  The ALR hearing is a tremendous opportunity to test the strengh of the State's case against you and to look for weaknesses in their case.  At the ALR hearing I will be looking for ways to challenge all aspects of the state's case in an effort to maintain your right to drive.       If you prevail at the ALR hearing the civil case is dismissed and you WILL RETAIN YOUR RIGHT TO DRIVE.

In an ALR hearing I conducted this week, it looked like an uphill fight.  The client's car was stopped after he was reported to be involved in a car accident.  He consented to have his blood drawn and the toxicology report indicated a high alcohol concentration.  Airtight case?  Not quite.  At the hearing I argued that the paperwork admitted into evidence by the Department of Public Safety's lawyers did not show that the person who took my client's blood was qualified to do so, and that there was no proof that the blood was drawn in a sanitary place.  Both of the above are requirements of the law.

The judge agreed with my argument and refused to allow the DPS to suspend my client's license.