If I Win My Jury Trial, Will My ALR Suspension Come Off My Record?

The first thing to know about an ALR hearing, the hearing for an Administrative Law Judge to decide whether or not to allow DPS to suspend your driver’s license, is that it is a completely separate proceeding from the criminal case. In fact, it is not a criminal case at all, it is a civil case. Although the hearing is based on all the same facts, it does not necessarily have an effect on your criminal case, except that if you refused to provide a breath or blood sample that fact will be told to the jury or judge.

However, if you receive a NOT GUILTY verdict from a jury or judge but had your driver’s license suspended by DPS the suspension will remain on your driving if no other steps are taken after that NOT GUILTY verdict.

If no other steps are taken your record will likely reveal that you were arrested for a DWI but that you were subsequently found NOT GUILTY after a trial. But, being found NOT GUILTY has one major benefit, you are entitled to a free expunction (wiping clean the arrest from your criminal record). The court costs for an expunction are free if an expunction is filed within 30 days after you are found NOT GUILTY. (See “when am I eligible for an expunction”).

When an expunction is granted all agencies that have any record of your case are then put on notice to destroy information they have about you and your arrest. This means that the driver’s license suspension from the ALR hearing from your arrest for DWI, will be cleared from your driving history. But only if you follow up an make sure the expunction and request. Let our law office take care of these matters for you so your know your business is handled properly.

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