What Is An Administrative License Revocation Hearing?
Administrative License Revocation (“ALR”) hearings take place at the State Office of Administrative Hearings (“SOAH”, which rhymes with “Noah”). At the ALR hearing, an administrative law judge decides whether to suspend the license of a defendant who was arrested for driving while intoxicated.
If the judge decides to suspend the license, that has no effect on the criminal case against that person. Likewise, if the criminal case is dismissed, that has no effect on the ALR hearing.[i]
ALR hearings basically fall into two categories, failure cases and refusal cases. In a failure case, the defendant submitted a specimen of breath, blood, or urine and the test result was 0.08 or higher. In a refusal case, the defendant refused to submit a specimen of breath, blood, or urine.
[i] That exception is that if someone has already had an ALR hearing, and had his license suspended, and then is acquitted of the DWI charge, then he will be entitled to get expungement of both his criminal history and his driving record.