Important Deadlines in DWI Defense

There are many important deadlines in defending you against a DWI charge. Most deadlines originate from the date that you were arrested on suspicion of your DWI charge.

ALR Hearing Request Deadline

Deadline: 15 Days After Arrest. You have 15 days after having been arrested for DWI to request an ALR hearing.1 What is an ALR Hearing and why is this important? Requesting a hearing is important, but the manner in which it is done and the follow-up is equally important. We request ALR Hearings as a standard part of our DWI representation.

If you are facing this deadline, it is important that you contact us today. Failure to properly request this hearing will result in your Texas driver’s license being suspended or your privilege to receive a Texas driver’s license being suspended (if you do not currently have an active license) or, if you do not have a license in this state, it may result in your driver’s license in that state being suspended.

ALR Discovery & Continuance Deadline

Deadline: 5 Days Before ALR Hearing Date.The deadline for the statutory continuance on your ALR hearing is 5 days before the hearing date.2 This is the same deadline to request discovery on your case.

ALR Subpoena Deadline

Deadline: 5 Days Before Hearing Date.
The deadline to serve an ALR subpoena is five days before the hearing date. The return must be faxed 3 days before the hearing date.

Business Records Deadline

Deadline: 30 Days Before Trial. You have to file a notice to introduce business records 30 days before trial.

Legal References:

1Texas Transportation Code Section 524.031 –

If, not later than the 15th day after the date on which the person receives notice of suspension under Section 524.011 or is presumed to have received notice under Section 524.013, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, a hearing shall be held as provided by this subchapter.

2Texas Transportation Code Section 524.032(b) –

A hearing shall be rescheduled if, before the fifth day before the date scheduled for the hearing, a request for a continuance from the person who requested the hearing is received in accordance with the memorandum of understanding adopted under Section 524.033(c). Unless both parties agree otherwise, the hearing shall be rescheduled for a date not earlier than the fifth day after the date the request for continuance is received.