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The Administrative License Revocation Program (ALR) program, which went into effect in 1995, was designed to suspend the drivers licenses of dangerous drivers in a swift and sure manner. Approximately 92% of the ALR cases reported to the agency during calendar year 2001 resulted in a license suspension. The program is the administrative process by which the Department of Public Safety (DPS) suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). Specifically, an individual may be suspended if he or she either refused to submit to a chemical test or provided a specimen with an alcohol concentration of 0.08 or greater. The DPS is also authorized to suspend the driver licenses of minors who commit the offense of driving under the influence (DUI).
Last Session, the Legislature enhanced the program by enacting a law that requires the arresting officer to confiscate the offender's Texas driver license upon service of a Notice of Suspension and issue a 40-day temporary permit. Increased suspension periods were added as well as a suspension for individuals who refuse to take a breath or blood test following an arrest for the offense of boating while intoxicated (BWI).
Regardless of age, the driver has 15 days from the date the Notice of Suspension is served to request a hearing. If no hearing is requested, the suspension automatically goes into effect on the 40th day after the notice was served. The driver is required to pay a fee of $125 to reinstate the license after the suspension period expires.
It is hoped that these laws can reduce DWI offenses in two ways: (1) by removing alcohol-impaired drivers from the roads, they reduce the likelihood of the offense being repeated (specific deterrence); and (2) by keeping potential offenders from driving in the first place (general deterrence).
Each year the Texas Legislature meets, the topic of DWI is usually addressed in some fashion. Please write my Capitol Office at P. O. Box 2910, Austin, TX 78768 if you have comments about this issue.
Texas Tourism Week is May 4-12. According to Texas Economic Development, the travel and tourism industry brought in more than $40 billion to the state in the year 2000.
State Representative Ron Clark
P.O. Box 2910
Austin, TX 78768-2910
(903) 893-9426 * (512) 463-0474
(512) 475-3767 (fax)
ron.clark@house.state.tx.us
http://www.grayson.edu/district62/RonClark.html
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