The Law Office of Kimberly Griffin Tucker, P.C.

What is an administrative license revocation hearing in Texas?

2026-07-24T16:34:01Z

After a DWI arrest in Dallas, most individuals concentrate on the criminal charges. However, there is another urgent matter that requires immediate attention: your driver's license. The state can suspend your license through a process called administrative license revocation (ALR). Understanding what an ALR hearing is and why it matters can help you protect your right to drive.

How does the ALR Process differ from a criminal DWI case?

An ALR hearing is a civil proceeding where a judge determines whether the Texas Department of Public Safety (DPS) is authorized to suspend your driver's license. This hearing is independent from your criminal DWI case. The process begins when a person refuses a chemical test or fails a breath or blood test. A failed test indicates that the person had a blood alcohol concentration (BAC) of 0.08 or higher. Following the arrest, DPS issues a notice of suspension. The hearing itself takes place before an administrative law judge who investigates whether the suspension should go forward.

How does an ALR hearing affect your driving privileges?

Losing your license can disrupt your daily life. Work commutes, family responsibilities and basic errands become difficult without driving privileges. The ALR hearing provides an opportunity to contest the suspension before it takes effect. If the judge rules in favor of DPS, the state may suspend your license for 90 days to two years. This depends on your record and whether you refused or failed the test.

What issues can be challenged during an ALR hearing?

The judge evaluates specific factors during the hearing. These include:

Whether the officer had reasonable suspicion to stop your vehicle
Whether there was probable cause for the arrest
Whether the officer adequately warned you about the consequences of refusing the test
Whether officers administered the test correctly

The hearing enables you to challenge these procedures before the state suspends your license.

How soon must someone request an ALR hearing?

In Texas, you must request an ALR hearing within 15 days of receiving the Notice of Suspension. For breath test failures or refusals, officers usually give notice at the time of arrest. For blood test cases, DPS may send the notice weeks or months later. The 15-day deadline starts when you receive it. If the deadline passes, the suspension goes into effect automatically with no exceptions.

Taking action before losing your license

A license suspension is not always the final word after a DWI arrest. In some cases, the ALR process can provide drivers a fair opportunity to contest that outcome. Understanding the process can help you build your defense and protect your driving privileges.

What happens if you violate probation in Texas?

2026-07-24T10:04:52Z

Facing an alleged probation violation in Dallas, Denton or Collin County can be a stressful ordeal. The fear of losing your freedom can be overwhelming when you allegedly fall short of expectations. While a potential violation does not automatically mean you will go to jail or prison, it does trigger a legal process that can significantly affect your future. Understanding what counts as violating your probation and its potential consequences can help you respond quickly and properly.

Common probation violations

In Texas, violations generally fall into two categories: technical and substantive. Technical violations involve failing to comply with the conditions of probation, while substantive violations involve committing a new offense while on probation. Many probationers normally commit the following infractions:

Missing a scheduled meeting with a probation officer
Leaving the county or state without permission
Failing to pay court-ordered fines, fees or restitution
Violating curfew or other special conditions
Being arrested for a new criminal offense

When an authority figure catches these types of violations, they report it to the probation department or court. This can start a formal legal process to determine your future.

Probation violation proceedings

When they receive a probation violation report, the prosecutor will typically file a Motion to Revoke (MTR) or a Motion to Adjudicate Guilt (MTA). If you are on straight probation, the prosecutor will often file an MTR asking the court to revoke your probation for an alleged violation. If the court agrees, it can end your probation and require you to serve the suspended jail or prison sentence. If you are on deferred adjudication, the prosecutor will typically file an MTA instead because the court did not formally convict you at the time you were granted probation. If the judge later finds a violation, they may adjudicate guilt and impose the full range of punishment for the original charge.

What are the potential outcomes?

Whether the prosecutor filed an MTR or MTA, the court is not required to incarcerate you. Depending on the circumstances, a judge may choose to continue your probation without imposing additional punishment or modify the current terms. In some cases, the court may extend the length of your probation period. If your violation is serious or repeated, the judge may revoke your probation and order jail or prison time.

Why acting quickly matters

The outcome of a probation violation proceeding is not always set in stone. By taking prompt action, you may be able to resolve any underlying problems before your court date. A lawyer can guide you through the process while advocating for your future and freedom.

Am I eligible to clear my Texas criminal record?

2025-12-09T08:17:04Z

You may be able to clear or seal a criminal record in Texas, depending on the outcome of your case and how much time has passed since the arrest or conviction.

Expunction vs. nondisclosure: what’s the difference

An expunction completely removes a criminal record. Once granted, the record is destroyed or redacted and you may legally deny the incident occurred. Under Chapter 55A of the Texas Code of Criminal Procedure, eligibility usually requires a non-conviction outcome such as a dismissal, acquittal or pardon. A nondisclosure order, on the other hand, seals your record from the public but allows law enforcement and some agencies to view it. This option may apply after completing deferred adjudication or certain misdemeanor convictions.

Who may qualify

Whether you can clear or seal your record depends on how your case was resolved and what type of supervision or sentence you received. Eligibility depends on the type of case and its final outcome:

Expunction: Charges dismissed or never filed after the waiting period.
Expunction: Not guilty verdict or pardon.
Expunction: Class C deferred adjudication completed successfully.
Nondisclosure: Deferred adjudication for eligible misdemeanors or felonies.
Nondisclosure: First-time misdemeanor conviction with no disqualifying offenses.
Not eligible: Any offense involving family violence, sex registration or serious violence.

Even if you qualify for one charge, another charge from the same arrest may make you ineligible.

Waiting periods that apply

The time since your case closed can affect when you can apply. You must usually wait a certain time before filing:

Class C misdemeanor: 180 days post-arrest.
Class A or B misdemeanor: 1 year post-arrest.
Felony: 3 years after arrest.

For nondisclosure, the waiting period may range from immediate to 5 years depending on the offense.

Filing the petition

To move forward, you must file a petition with the proper court, notify all relevant agencies and pay filing fees. The process may involve a hearing and specific documentation such as a fingerprint card from the Department of Public Safety.

Exercising your next options

Eligibility rules are complex and depend on details unique to each case. An attorney can review your record, determine whether you qualify and help you prepare the correct filings.

2 types of sobriety tests in DWI cases

2024-01-17T12:43:42Z

During a traffic stop, the police must have probable cause before they can arrest a driver for drunk driving. For example, a driver who admits to drinking may be arrested. However, it isn’t always that simple. The police may need to test drivers to prove their sobriety. Here’s what you should know:

What are field sobriety tests?

The first thing the police may ask a driver to do to prove their sobriety is a field sobriety test. A field sobriety test is a physical examination. The police can ask drivers to perform certain actions that they may fail if they are inebriated. The National Highway Traffic Safety Administration has three standardized field sobriety tests:

Horizontal gaze nystagmus test
One-legged stand test
Walk-and-turn test

The police could ask the driver to do any of the three tests above or a non-standardized field sobriety test. Non-standardized tests can have the driver spelling the alphabet backward as they touch their toes. Proving a driver is drunk with these tests may not be successful if a driver has a disability, for example.

What are chemical sobriety tests?

Alternatively, drivers may be asked to do chemical sobriety tests. Chemical sobriety tests evaluate the amount of alcohol in the body, which is called blood alcohol content (BAC). If their BAC is above the legal limit, then the driver may have broken the law. There are three kinds of chemical sobriety tests:

Blood tests
Breath tests
Urine tests

Out of the three tests, the blood test is typically the most accurate. However, many people take breath tests because the police can carry breathalyzers with them, unlike the other two tests. A driving while impaired (DWI) charge can have lasting effects. Drivers may need to learn about their legal defense options when combating DWI charges.

What is a per se DWI violation in Texas?

2024-01-09T15:04:19Z

Some driving while intoxicated (DWI) arrests occur because someone harmed other people. Police officers responding to the scene of a collision may require that the parties involved perform chemical tests to establish whether they are under the influence of drugs or alcohol. They may arrest anyone who fails a test, even if they didn't actually cause the crash. Other times, police officers arrest people who swerve all over the road and otherwise drive in a clearly unsafe manner because of what seems like chemical impairment. A large percentage of the DWI cases in Texas every year stem from technical violations rather than poor driving or harm to others. These technical DWI charges relate to per se infractions. What is a technical or per se DWI in Texas?

People violate the letter of the law

The DWI statute in Texas technically gives two specific scenarios in which the state can justify prosecuting an individual. Obviously, those who show clear signs of impairment are vulnerable to arrest and prosecution. However, those who seemingly drive like they normally would could face criminal charges in some circumstances. Specifically, those accused of having a blood alcohol concentration (BAC) over the legal limit are at risk of prosecution. The law makes it illegal in and of itself to exceed a set limit for someone's BAC. The average driver who is over the age of 21 could face arrest and prosecution for having a BAC of 0.08% or higher regardless of whether they displayed impairment while driving or not. If the person accused was in control of a semi-truck or other commercial vehicle, the BAC limit in their case would be 0.04%. Underage drivers not lawfully permitted to drink alcohol yet could get arrested for a BAC of 0.02%. The level of alcohol in someone's bloodstream can be a crime on its own regardless of whether it causes noticeable impairment for the motorist. Someone accused of a per se DWI offense may have several options when responding to those charges. Those who provide an explanation for unusually high test results or raise questions about the accuracy of the test could avoid a conviction in certain circumstances. Reviewing the state's evidence with a skilled attorney may help those accused of a per se DWI plan a workable defense strategy.

What’s “theft of services” in Texas?

2024-01-03T18:28:11Z

When you hear about someone stealing something, you probably think about pickpockets and shoplifters walking off with tangible items. However, “theft of services” is an equally real crime, even though the theft doesn’t involve any physical goods. Theft of services refers to the act of intentionally securing someone’s services by deception, threat or fraud – with no intention to pay. It also applies when someone holds onto property past the period specified in a rental agreement without the owner’s consent.

Texas Penal Code Section 31.04 outlines this offense

Theft of services is more common than many people realize, since “services” can be broadly interpreted. Some examples of when this charge might be used include:

Leaving a bar without paying the tab you opened
“Dine and dash” situations (whether alone or in a group)
Refusing to pay for your hotel room when you leave
Not returning a rental car or a U-haul when required
Trying to evade a fare on a bus, subway or another form of transportation
Altering the reading on a gas or electric meter
Failing to pay a performer at a private party
Walking out of a hair or nail salon without paying
Refusing to return rent-to-own furniture when required
Obtaining professional guidance under a service agreement without paying

Theft of services, like many other theft-related crimes, is penalized according to the value of what was stolen. If the services were minimal (valued at less than $100), it’s a Class C misdemeanor offense. If convicted, you would face up to $500 in fines. On the other end of the spectrum, if the services are worth $300,000 or more, then you would be charged with a felony of the first degree. If convicted, that means between five and 99 years in prison and a fine of up to $10,000. If you’ve been charged with theft of services, find out more about your defense options – before you speak to the police.

Do you have to tell the police if you’ve been drinking?

2025-11-13T09:08:19Z

If a police officer pulls you over, they may ask you if you’ve had anything to drink tonight. It’s one of the most common questions, along with things like asking where you’re headed, if you know how fast you were driving or where you’re coming from.

But people are often concerned to say anything in this situation. It feels like there’s no way to win. If someone did have a drink and they lie and say that they didn’t, they worry about the ramifications. But if they admit that they did have a drink, then they worry that they may be incriminating themselves because the officer is going to claim that they are impaired. If this happens to you, are you obligated to answer this question?

You have the right to remain silent

The short answer is that no, you do not have to answer these types of questions. You don’t have to tell the police where you were, where you’re going, if you’ve been drinking or if you know how fast you were traveling. You have a right to remain silent and you can simply inform the police that you don’t want to answer the questions – or that you’d like to wait until you have your legal team present to do so.

There are some pieces of information you will have to provide during a traffic stop. You need to give the officer your driver’s license to identify yourself. You have to provide proof of insurance and registration. So you don’t want to be combative or entirely ignore the police officer. But remember that you don’t have to answer additional questions or incriminate yourself, and it doesn’t mean you’re guilty if you use your right to remain silent.

That said, you may still face arrest. If you do, be sure you know about all of your criminal defense options.

How medical issues could lead to a Texas DWI charge

2023-12-08T14:21:42Z

Most people arrested for driving while intoxicated (DWI) offenses in Texas simply had too much to drink before they got behind the wheel. Someone who is over the legal limit for their blood alcohol concentration (BAC) could face criminal prosecution. There are standardized screening methods in place to reduce the likelihood of police officers mistakenly arresting someone for a DWI offense. Officers ask certain questions, perform specific field sobriety tests and administer chemical tests. However, innocent people do sometimes still get charged with drunk driving in Texas. One of the scenarios where people would face prosecution without violating the law would involve certain health issues.

They can affect body chemistry

There are certain medical conditions that could cause a false positive on a chemical breath test. For example, some people have a rare condition called auto-brewery syndrome that causes their body to produce alcohol. They could fail chemical tests despite having had nothing to drink. Others might have diabetes or other blood sugar issues. When the body has issues processing sugar, it may engage in chemical processes that produce acetone. Acetone could trigger a false positive on a breath test. Someone with asthma who recently used an inhaler could also fail a breath test. Finally, those who have to follow special medical diets, including the keto diet, could feel a breath test when they have had nothing to drink. If someone has a medical condition that may have affected chemical testing, that could play a role in their defense strategy.

They can affect police perception

There are other health issues that might not impact chemical tests but could influence what an officer thinks. Symptoms of a medical issue could look like warning signs of impairment. Police officers notice factors like shaking hands, slurred speech and anxiety. They may treat those as signs of someone's guilt or intoxication. Medical conditions could also potentially compromise someone's performance on field sobriety tests. Sometimes, there might be a medical explanation for why someone behaved in a certain way during a traffic stop. Conditions ranging from neurological disorders to mental health conditions can affect someone's behavior and how an officer gauges their behavior during a traffic stop. Exploring explanations, like medical issues, could help someone plan an effective defense strategy when facing DWI charges.

3 components of standardized field sobriety testing

2023-12-05T18:06:48Z

Being pulled over for the suspicion of drunk driving is a disheartening experience. Once this happens, the police officer has to determine if the driver is impaired. Police officers have a few options they can use to do this. Chemical tests, including blood or breath tests, are one option. Others opt to use field sobriety tests. There are many tests they can use, but only three are part of the standardized field sobriety test that the National Highway Traffic Safety Administration recognizes.

1. Walk-and-turn

The walk-and-turn tests a person’s ability to multitask. The person has to take nine steps in a straight line, then turn and return to the starting point. The steps must be done heel-to-toe, but impaired people likely won’t be able to do this.

2. One-leg stand

The one-leg stand is a test of balance. The person has to pick a foot up about six inches from the ground and hold it there for 30 seconds. A person who’s impaired will have trouble balancing and will swing their arms or put their foot down.

3. Horizontal gaze nystagmus

In the horizontal gaze nystagmus test, the officer has the person follow an object side-to-side. If the eyes jerk while following the object, impairment is likely. Anyone who faces drunk driving charges in Texas should explore all their options for a defense strategy. In some cases, the SFST can be called into question because it’s a highly subjective test based on the test giver’s interpretation. Having someone on your side who understands the court system in your jurisdiction is beneficial.

Texas has cracked down on catalytic converter theft

2023-11-18T14:02:25Z

Catalytic converter thefts have become an increasingly popular way to make money for those not concerned with breaking the law. That’s why states across the country are taking action to try to curb this trend. This summer, Texas Gov. Greg Abbott signed a bill into law that increases criminal penalties for those convicted of stealing catalytic converters and also for possessing stolen ones. The law is named for a Harris County deputy who was shot to death last year while off duty as he confronted several men who were allegedly stealing his truck’s catalytic converter. Catalytic converters, which are part of a vehicle’s exhaust system, help minimize the dangerous pollutants released into the air by gas-powered vehicles. Their value depends on the metal they’re made from, typically platinum, rhodium or palladium, and their age and condition.

What does the new law do?

The new law makes catalytic converter theft a state jail felony punishable by up to two years behind bars if it’s valued at under $30,000. If it’s worth that or more, the penalties increase with the value (as is generally the case with theft crimes). The law also allows prosecutors to consider catalytic converter theft an organized crime. Further, it creates a new offense, which is unauthorized possession of a catalytic converter and places stricter record-keeping requirements on those who sell and install this equipment. Stealing catalytic converters can be a profitable “business.” That means the stakes are high. Beyond the harsher penalties you can now face if you’re accused of catalytic converter theft, there’s always the danger that something could go wrong, and things could turn violent. That means facing even more severe charges and consequences. If you’ve been arrested for this crime, it’s imperative that you take the matter seriously. Getting experienced legal guidance as soon as possible will help you protect your rights and determine the best option for dealing with the charge.