Administrative License Revocation

The Administrative License Revocation program has been established in many states to provide an efficient and fair legal process to determine if the license suspension by the Department of Public Safety (DPS) for operating a motorized vehicle while under the influence of alcohol or drugs should be upheld. Drivers who have had their license suspended for either failing or refusing to take a blood alcohol concentration (BAC) test may challenge their revocation through a hearing.

The laws governing the Administrative License Revocation will include the state's rules of evidence, the state's transportation code, the state's laws and civil procedures and the rules outlined by the state's Department of Public Safety. All of these laws and procedures may be reviewed prior to the hearing at the public courthouse, libraries or online.

The revocation hearing will be conducted by an Administrative Law Judge who is familiar with the revocation process. They will listen to all of the evidence and make a final determination. If the Administrative Law Judge finds for the defendant the driver's license will not be suspended or revoked. If the Administrative Law Judge finds for the state the driver's license will be suspended or revoked.

The defendant has the right to either hire a DUI lawyer or represent himself at the hearing. Defendants who choose not to hire legal counsel will not have legal counsel provided for them. Drivers who need legal help answering their DUI questions or to argue their DUI case need to hire a DWI lawyer in advance of their hearing.

The Administrative Law Judge will review a variety of issues such as:

• Did the officer have the legal right to stop the driver?
• Did the officer give the driver the opportunity to take a blood alcohol concentration (BAC) test?
• Did the driver refuse the BAC test?
• Did the officer have probable cause to suspect the driver was intoxicated?
• If the driver failed the blood alcohol concentration test was their BAC over the legal limit?

Procedures are available to appeal the decision of the Administrative Law Judge. Contact a DUI lawyer if you have failed or refused to take a blood alcohol concentration test.