DWI: ALR Hearings And Occupational License Defense

When you have been arrested in Hays County for driving while intoxicated, also known as DWI, it is a frightening and confusing experience. You are probably worried about getting your license back and possible criminal charges. DWI arrests in the Austin and Hays County areas are increasing due to the overall increase in traffic.

At Avera Law Firm, P.L.L.C., we pride ourselves on standing up for the rights of individuals accused of or charged with drunk driving and other criminal matters. Leading our firm is attorney Robert Avera, who has an extensive understanding of the Texas DWI laws and can explain what they mean for you.

Do not take chances with your future. Contact us today to talk through your options for fighting a DWI charge.

Probable Cause For A DWI Arrest

It is important for your attorney to analyze your case to determine if the arrest was legal. Sometimes, an officer may make an arrest without probable cause. In that event, Avera can work to get your case dismissed, whenever possible, by filling a motion to suppress the arrest. We have a proven track record of getting these types of cases dismissed.

Reasonable Suspension For A DWI Investigation

In addition, an officer must have a reasonable suspicion that there is illegal activity afoot in order to stop you and question you prior to beginning a DWI investigation. Typically, the police officer can have reasonable suspicion to stop you if he or she witnesses you violate a traffic law. However, some traffic violations such as weaving in and out of a lane are not black and white. It is the burden of the arresting offer to show that the weaving created a hazard to the driver or others on the road. Our firm examines the facts of your case to determine if the officer had a reasonable suspicion to stop you. If there was not reasonable suspicion, Avera can get your case dismissed through a motion to suppress.

The evidentiary standard in a motion to suppress is lower than at a trial. In the event your motion to suppress is denied then the prosecutor must prove beyond a reasonable doubt at trial that the officer properly did the following:

  1. The arresting officer had the right to stop you;
  2. The arresting officer made the arrest properly;
  3. The arresting officer advised you of your rights;
  4. The arresting officer's equipment used to perform any tests was working properly;
  5. The arresting officer was certified to operate the equipment;
  6. If a field sobriety test was performed, the arresting officer successfully completed a class on the National Highway Traffic Safety Administration's Standardized Field Sobriety Test.

If the jury finds that one or more of these conditions were not proven beyond a reasonable doubt then the jury will find you not guilty. Most cases are not tried to a jury, but the facts of the case are examined by Avera and discussed with the prosecutor in anticipation of trial. This is part of the negotiation process.

In addition, your background is also important in negotiating a favorable outcome on your case. The criminal statutes of Texas are supported by the underlying principal of the "Interest of Justice." Avera may be able to reduce the punishment on your case that has bad evidence by showing that your conduct on the date of the arrest was simply out of character.

An Austin ALR Attorney

Our staff at Avera Law Firm, P.L.L.C., is here to help alleviate your stress and assist you in navigating the Texas legal system. Texas DWI cases can have a civil administrative hearing as well as a criminal court case.


If you are facing the suspension of your driver's license after a DWI arrest, get in touch with us as soon as possible. Time is of the essence.

ALR Hearings

Under Texas law, a separate civil hearing called an adjudicated license revocation (ALR) hearing before an administrative judge can be held to determine how long your license will be revoked. The length of the suspension depends on whether or not you refused to take an Intoxilyzer breath test.

  • If you refuse to take the Intoxilyzer breath test then your license will be suspended for 180 days.
  • If you failed the Intoxilyzer breath test, the machine had determined you had a breath alcohol concentration of .08 or higher, your license will be suspended for 90 days.
  • The suspension periods increase on your second and subsequent arrest.

At this hearing, just as the case in the criminal case, the prosecutor must prove the arresting officer had a reasonable suspension to stop you and the prosecutor must also prove that the arresting officer had probable cause to arrest you.

Aggressive Representation With A Record Of Success

Avera has had success in prevailing at these hearings using the same procedures as outlined above in the criminal case. In addition, at an ALR hearing, the arresting officer is required to attend the hearing. Avera has the opportunity to question the officer and determine how strong the criminal case is.

This information can be used when discussing the case with the county attorney who typically has not spoken to the arresting officer at that time. This is a major advantage in the negation of your case.

Central Texas Occupational License Attorney

It is important to know the many impacts that a drunk driving conviction may have on your life. In addition to jail time and fines, you are facing the suspension of your driver's license. However, in the event your license is suspended because of a DWI conviction and/or an ALR license suspension you may still be able to drive to and from work and/or school.

If you need your driver's license to maintain your livelihood and keep moving forward, we can help. Representing clients in the Austin area, we at Avera Law Firm, P.L.L.C., work tirelessly to see that the effects of a DWI conviction are minimized whenever possible. In some cases, it may be possible for an individual to secure an occupational license, which legally allows them to drive to certain places or events even though their driver's license has been otherwise suspended. Our attorney, Robert Avera, helps criminal defense clients understand how occupational licenses may be obtained and if it is a possibility in their specific situations.

For more information about occupational driver's licenses, contact our firm and schedule a consultation.

Occupational Driver's License Privileges

Avera can assist you in obtaining the right to drive up to 12 hours a day while your license is suspended in Hays County. You may apply for an occupational license in the county which you were arrested or the county where you live. The court has broad discretion in granting an occupational license. Your driving record must be submitted along with proof of insurance ("SR-22"). If the court grants your application, you are only permitted to drive during the times as set out in the order.

Find Out How Avera Law Firm, P.L.L.C., Can Help

When you face a legal problem, do not delay to get individualized answers and advice. Please call 512-893-7094 or send us an email to get started with a free initial consultation.