I get this question all the time:
Can I keep my license from being suspended in a DWI? I thought the license suspension was automatic.
The answer is, YES, you can keep your license from being suspended. I previously explained the ALR process (Administrative License Revocation) in a past post.
I get very frustrated about ALR’s, especially because there are a lot of lawyers giving absolutely horrible advice out there. Many lawyers tell prospective clients that you cannot win ALR hearings. This is simply not true. MOST LAWYERS WHO TELL PEOPLE YOU CANNOT WIN EITHER ARE TOO IGNORANT TO FIGHT FOR THEIR CLIENTS, TOO LAZY TO FIGHT, OR SIMPLY DON’T HAVE THE EXPERTISE TO WIN THESE HEARINGS.
The statement that you cannot win, so don’t try usually comes from some attorney who gains most of his income from bailing people out of jail at 4:00 AM. Yes, there are some attorneys who do this who are great attorneys, but many simply need the business because a of lack of referrals or repeat business.
I am often asked about how often we win. This past weekend I spent time going through all of our past results on ALR cases.
In 2007, the Sunset Commission did a study on ALR hearings. DPS issued 100.472 notices of suspensions. Of those, only 6,980 were able to keep their driving privileges. This means, Statewide, only 6.9% of people keep their driving privledges.
Our firm, since 2006, kept accurate records on every DWI case we handled an ALR hearing. Of those cases, 51.6% of our clients kept their driving privledges.
So is it possible to win these hearings and keep your driving privileges? Yes! But remember, you only have 15 days to request a hearing on your license suspension. If you miss that window, the license suspension will be automatic.