William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

September 27, 2009

You Can Extend the Life of Your Temporary Driving Permit By Requesting an ALR Hearing.

If you’ve been arrested for Driving While Intoxicated, when you got out of jail, you should have been given a temporary driving permit. If you weren’t given one, take a look at this temporary driving permit. All identifiers for my client have been removed, and I’ve circled one important sentence.

The sentence reads: “This permit is valid for 40 days from the date of service shown below.” This government issued form implies that once 40 days has passed, you don’t have a driving permit anymore.

Now read the next sentence: “If you request a hearing, this permit will remain in effect until the administrative law judge makes a final decision in your case.” This is basically quoting Texas Transportation Code section 524.032.

So if you or your lawyer request the hearing within 15 days of your arrest, and it takes another 3 months for the ALR hearing to take place, then that permit is still good and you can still drive.

But if the judge decides against you, then your temporary driving permit is no good anymore. So it pays to be prepared to get an occupational driver’s license as soon as you can.

William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

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