If you were arrested for a DWI on Cinco de Mayo, the clock is ticking. You have 15 days from the day of citation to request your Administrative License Revocation (ALR) hearing.
If you fail to request an ALR hearing your driver’s license will be suspended on the 40th day after receiving notice. If you timely request an ALR hearing that suspension is stayed, and your driving privileges stay in tact, while you await your hearing. Further, if you lose your hearing you have 30 days to appeal. Your driving privileges are not suspended until after your appeal time expires. If you do not appeal, your driver’s license will be suspended on the 40th day after the judgment becomes final.
It is also important to request an ALR hearing to protect your rights. The ALR hearing request forces the State to prove that the officer who stopped and arrested you for DWI had either reasonable suspicion or probable cause to do so. Litigation of these issues helps ensure that your rights are being protected. If the State fails to prove that probable cause or reasonable suspicion existed prior to the stop at the ALR hearing, the state may not be able to litigate these issues in your criminal prosecution. Criminal charges against you may be dismissed if there was no reasonable suspicion or probable cause to stop you in the first place.
For more information on the importance of requesting an ALR hearing see the blog from DWI Solution below:
Do not take a charge of DWI or DUI (if you are a minor) lightly. There can be major ramifications on your criminal record, your driving privileges and your insurance rates. If you have been charged with a DWI or DUI you should hire an attorney who can help you protect your rights and navigate the process. Be smart and safe.