Is there any way to get around an administrative license suspension (ALS)?

In Texas, an administrative license suspension (ALS) is a penalty imposed when a driver fails or refuses to give a breath or blood sample, or fails the breath test during a DWI investigation. Unfortunately, an ALS is not something that can easily be avoided. In most cases, an ALS is unavoidable because it is automatically imposed when a person fails or refuses the Breathalyzer or any other breath or blood test. That being said, there are some avenues to challenge the suspension. First, a driver can request a hearing with the Texas Department of Public Safety (DPS). This hearing is to challenge the ALS within 15 days of the suspension. During this hearing, evidence can be presented by the driver or their attorney to fight the suspension. The DPS will then review the test results and make their decision. Next, if the request for a hearing is not made or it is denied, the driver may then file a petition with the court in the county where the arrest was made. The driver must show that either the officer didn’t have “probable cause” for the arrest or the breath or blood test didn’t follow the proper standards for administration. If approved, the court can then overturn the suspension. Finally, if the petition to the court is denied, the driver can then file an appeal to the appellate courts. An appellate court will review the evidence and the lower court rulings and make their own decision. Overall, an ALS is a serious penalty that cannot be avoided. However, if a person takes the appropriate steps, it is possible to overturn the suspension decision.

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Is there any way to get around an administrative license suspension (ALS)?

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