DWI Defense and Administrative License Revocation (ALR) Hearing Package — Texas

DWI DEFENSE AND ALR HEARING PACKAGE — TEXAS

TABLE OF CONTENTS

1. Case Intake and Critical Deadlines
2. ALR Hearing Request to Texas DPS
3. Discovery Motion under Tex. Code Crim. Proc. art. 39.14 (Michael Morton Act)
4. Motion to Suppress (Tex. Code Crim. Proc. art. 38.23)
5. Petition for Occupational Driver License (ODL)
6. Plea Negotiation and Sentencing Matrix Worksheet
7. Texas Implied Consent Law Summary
8. Practice Notes and Citations

1. CASE INTAKE AND CRITICAL DEADLINES

Client: [________________________________]
Texas DL Number: [________________________________]
Date of Arrest: [__/__/____]
Date Served with DIC-25 / DIC-25A: [__/__/____]
ALR Hearing Request Deadline (Service + 15 days): [__/__/____]
Arresting Agency: [________________________________]
Arresting Officer / Badge No.: [________________________________]
County of Arrest: [________________________________]
Court Cause Number: [________________________________]

Charged Sections:

2. ALR HEARING REQUEST TO TEXAS DPS

[LAW FIRM LETTERHEAD]

[__/__/____]

VIA FACSIMILE, CERTIFIED MAIL, AND ONLINE PORTAL

Texas Department of Public Safety
ALR Hearing Section
P.O. Box 4087
Austin, Texas 78773-0320
Fax: (512) 424-2940

Dear ALR Section:

Pursuant to Texas Transportation Code §§ 524.031 (failed-test cases) and 724.041 (refusal cases), please accept this letter as a timely written request for an Administrative License Revocation hearing for the above-named driver, made within fifteen (15) days of service of the Notice of Suspension.

The undersigned requests:

1. Hearing Type. ☐ Failed Test (Chapter 524) ☐ Refusal (Chapter 724).

2. In-Person Hearing before an Administrative Law Judge of the State Office of Administrative Hearings, at the SOAH location nearest the arresting county.

3. Stay of Suspension pending the hearing under Tex. Transp. Code §§ 524.021 and 724.032, with issuance of a temporary driving permit.

4. Subpoena Request. Issue subpoenas to:

☐ The arresting officer (peace officer's affidavit affiant);
☐ The breath-test operator (Technical Supervisor / Intoxilyzer 9000 operator);
☐ Texas Breath Alcohol Testing Program Technical Supervisor for the region;
☐ The phlebotomist or nurse who performed any blood draw;
☐ The Department of Public Safety Crime Laboratory analyst.

5. Discovery Demand for the following pursuant to 1 Tex. Admin. Code § 159.103:

☐ Peace Officer's Sworn Report (DIC-23) and Statutory Warning (DIC-24);
☐ The DIC-25 Notice of Suspension/Temporary Driving Permit;
☐ Complete offense/incident report, supplements, and CAD logs;
☐ All in-car and body-worn camera recordings (DPS Standard Operating Procedure compliant);
☐ Intoxilyzer 9000 test record card, maintenance records, reference sample certifications, and Technical Supervisor records;
☐ Blood-draw kit lot, chain-of-custody form, and DPS Crime Lab analytical report (including chromatograms);
☐ Officer's NHTSA SFST training and Intoxilyzer Operator certification records.

6. Reservation of Rights. All defenses and objections are reserved, including challenges to the lawfulness of the stop and arrest, the propriety of the DIC-24 warning, the validity of any chemical test, and the sufficiency of the evidence under Tex. Transp. Code §§ 524.035 and 724.042.

Respectfully submitted,

[ATTORNEY NAME], Texas Bar No. [________]
[FIRM NAME]
[ADDRESS]
[TELEPHONE] | [EMAIL]

3. DISCOVERY MOTION UNDER TEX. CODE CRIM. PROC. ART. 39.14 (MICHAEL MORTON ACT)

CAUSE NO. [____________]

DEFENDANT'S MOTION FOR DISCOVERY UNDER ART. 39.14 (MICHAEL MORTON ACT)

TO THE HONORABLE JUDGE OF SAID COURT:

Defendant moves the Court, pursuant to Texas Code of Criminal Procedure article 39.14 and Brady v. Maryland, 373 U.S. 83 (1963), to order the State to produce the following:

1. Offense Reports. All offense, incident, supplemental, and arrest reports of every officer involved in the stop, detention, arrest, and processing of Defendant.

2. Audio/Video. All MVR (in-car), BWC (body-worn camera), jail/booking, transport, and Intoxilyzer-room video; all 911 audio; all dispatch radio traffic.

3. CAD Records. Computer-aided dispatch logs, mobile data terminal communications, and GPS data.

4. Field Sobriety Tests. Officer's NHTSA SFST certification, recertification, and any deviations from the SFST manual.

5. Breath Testing. For Intoxilyzer 9000 or similar:
   - Test record card and printout;
   - 15-minute observation log;
   - Reference sample certifications;
   - Technical Supervisor maintenance and inspection records (90-day and most recent);
   - Operator certification (within 12 months of test);
   - DPS Scientific Director approval documents.

6. Blood Testing. Search warrant or consent documentation; phlebotomist credentials; blood-draw kit lot number; chain-of-custody form; DPS Crime Lab batch records, calibration records, chromatograms, and analyst notes; lab accreditation and proficiency testing.

7. DIC Documentation. The DIC-23 Peace Officer's Sworn Report; DIC-24 Statutory Warning; DIC-25 Notice of Suspension/Temporary Permit. Verbatim recording of the DIC-24 reading.

8. Brady / Giglio Material. All evidence favorable to Defendant on guilt, punishment, or impeachment of any State's witness, including officer disciplinary records, sustained complaints, and findings of dishonesty.

9. Expert Disclosures. Names, qualifications, prior testimony, and reports of any expert the State may call (Tex. Code Crim. Proc. art. 39.14(b)).

10. Texas Forensic Science Commission Records. Any pending or completed investigations concerning the testing laboratory or technical supervisor involved.

Defendant requests electronic delivery in native format and acknowledges the continuing duty of the State to disclose.

Date: [__/__/____]

[ATTORNEY NAME], SBN [________]
Attorney for Defendant

4. MOTION TO SUPPRESS (TEX. CODE CRIM. PROC. ART. 38.23)

DEFENDANT'S MOTION TO SUPPRESS EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

Defendant [NAME] moves to suppress, pursuant to the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; Article I, §§ 9, 10, and 19 of the Texas Constitution; and Tex. Code Crim. Proc. art. 38.23, the following:

4.1 Items Sought to Be Suppressed

☐ All evidence and observations stemming from the traffic stop on [__/__/____];
☐ All field-sobriety-test observations;
☐ All statements by Defendant;
☐ The Intoxilyzer 9000 / breath test result;
☐ The blood test result;
☐ Any evidence of refusal.

4.2 Grounds — Stop and Detention

4.2.1. No reasonable suspicion under Terry v. Ohio, 392 U.S. 1 (1968), and State v. Sheppard, 271 S.W.3d 281 (Tex. Crim. App. 2008). Stated basis — [DESCRIBE] — is insufficient.

4.2.2. Unlawful prolongation of the stop beyond the traffic mission under Rodriguez v. United States, 575 U.S. 348 (2015).

4.2.3. No probable cause to arrest — odor of alcohol and bloodshot eyes are not enough; FSTs were improperly administered.

4.3 Grounds — Statements

Custodial statements were obtained without proper warnings under Miranda v. Arizona, 384 U.S. 436 (1966), and Tex. Code Crim. Proc. art. 38.22. Roadside questioning crossed into custodial interrogation under Berkemer v. McCarty, 468 U.S. 420 (1984).

4.4 Grounds — Breath Test

4.4.1. No 15-minute observation period — Texas Breath Alcohol Testing Program Regulation 19 TAC § 4.30(c).

4.4.2. Operator not certified or certification lapsed.

4.4.3. Reference-sample failure or out-of-tolerance result.

4.4.4. Defective DIC-24 warning — incomplete, given in a language Defendant could not understand, or omitting mandatory advisements.

4.5 Grounds — Blood Test

4.5.1. No warrant under Missouri v. McNeely, 569 U.S. 141 (2013); no exigency; no valid consent.

4.5.2. Birchfield violation — Birchfield v. North Dakota, 579 U.S. 438 (2016) — coerced blood draw under criminalized-refusal threat.

4.5.3. Search warrant defects — staleness, lack of probable cause, Franks v. Delaware misrepresentations, or failure to comply with Tex. Code Crim. Proc. art. 18.01.

4.5.4. Chain of custody / lab errors — improper preservation, refrigeration failures, batch contamination, or technician deficiencies.

4.6 Relief Requested

Defendant prays the Court suppress all of the above evidence and grant such further relief as is just.

Date: [__/__/____]

[ATTORNEY NAME], SBN [________]
Attorney for Defendant

5. PETITION FOR OCCUPATIONAL DRIVER LICENSE (ODL)

CAUSE NO. [____________]

PETITION FOR OCCUPATIONAL DRIVER LICENSE
(Tex. Transp. Code §§ 521.241–521.252)

Petitioner [NAME] respectfully shows:

5.1. Identification. Petitioner is [AGE] years old; resides at [ADDRESS]; Texas DL No. [________].

5.2. Suspension. Petitioner's driving privileges are or will be suspended for [____] days/years effective [__/__/____] by reason of:

☐ ALR — failed test (Chapter 524);
☐ ALR — refusal (Chapter 724);
☐ DWI conviction under § 49.04;
☐ Other: [DESCRIBE].

5.3. Essential Need. Petitioner has an essential need to operate a motor vehicle in the performance of occupational duties, for educational purposes, and to perform essential household duties (Tex. Transp. Code § 521.241(2)).

5.4. Hours of Operation. Petitioner requests authority to drive up to four (4) hours per day (and as the Court may grant up to twelve (12) hours per day under § 521.248(c)) on the following schedule:

5.5. Vehicle(s) to Be Operated. [YEAR / MAKE / MODEL / VIN / PLATE]

5.6. Ignition Interlock Device (IID). If required by Tex. Transp. Code § 521.246, Petitioner has installed or will install a certified IID on each vehicle operated, by [PROVIDER], and will maintain it for the required period.

5.7. SR-22 Financial Responsibility. Petitioner will file an SR-22 Certificate of Financial Responsibility from [INSURER].

5.8. No Disqualifying Factors. Petitioner is not disqualified by § 521.243 (no ODL during 180-day waiting period for second offense within 10 years, etc.).

WHEREFORE, Petitioner requests the Court enter an Order granting an Occupational Driver License on the above terms.

Date: [__/__/____]

[PETITIONER'S ATTORNEY], SBN [________]

6. PLEA NEGOTIATION AND SENTENCING MATRIX WORKSHEET

6.1 DWI — First Offense — § 49.04

6.2 DWI — High BAC (.15+) — § 49.04(d)

6.3 DWI Second / Subsequent

6.4 DWI With Child Passenger — § 49.045

State jail felony — 180 days – 2 years state jail; up to $10,000 fine; 180-day suspension; CPS notification.

6.5 Intoxication Assault — § 49.07

3rd-degree felony — 2 to 10 years TDCJ; up to $10,000 fine; 90-day – 1-year suspension; restitution.

6.6 Intoxication Manslaughter — § 49.08

2nd-degree felony — 2 to 20 years TDCJ; up to $10,000 fine; 180-day – 2-year suspension; restitution; possible deadly-weapon finding.

6.7 Plea Alternatives

6.8 Collateral Issues Checklist

☐ CDL holder — automatic 1-year disqualification (lifetime second)
☐ DWI Surcharge replaced by mandatory § 49.04 fines (eff. 9/1/2019)
☐ Texas Driver Responsibility Program — REPEALED 9/1/2019, but conviction-fine triggers in lieu
☐ Civil exposure if accident/injury — Texas Stowers / dram-shop
☐ Professional licensing reporting (medical, legal, peace officer)
☐ Immigration consequences
☐ Texas Order of Non-Disclosure availability (§ 411.0731 for first-time HB 3582 deferred)
☐ Two-year wait for occupational license if second DWI w/in 5 years

7. TEXAS IMPLIED CONSENT LAW SUMMARY

7.1 Statutory Framework — Tex. Transp. Code Chapter 724

A person arrested for an offense under Penal Code §§ 49.04–49.08 is deemed to have consented to taking of a specimen of breath or blood for analysis. Urine is NOT an authorized specimen.

7.2 Officer's Mandatory Statutory Warning (DIC-24)

Before requesting a specimen, the officer must give the DIC-24 statutory warning advising:

Defective DIC-24 = complete defense to ALR refusal suspension.

7.3 ALR Suspension Periods

7.4 Mandatory Blood Draw — § 724.012(b)

Officer must obtain a blood specimen (with warrant) when:

☐ Accident with serious bodily injury or death;
☐ DWI with child passenger;
☐ Subject has 2 or more prior DWI convictions;
☐ Subject has a prior intoxication assault or manslaughter conviction;
☐ Subject has a prior DWI w/ child passenger conviction.

7.5 Critical Cases

• Missouri v. McNeely, 569 U.S. 141 (2013) — Natural metabolism not per se exigency.
• Birchfield v. North Dakota, 579 U.S. 438 (2016) — Cannot criminalize blood-draw refusal absent warrant.
• State v. Villarreal, 475 S.W.3d 784 (Tex. Crim. App. 2014) — Texas implied-consent statute does not authorize warrantless blood draw on refusal.
• Mitchell v. Wisconsin, 588 U.S. ___ (2019) — Unconscious-driver exigency in narrow circumstances.
• State v. Sheppard, 271 S.W.3d 281 (Tex. Crim. App. 2008) — Reasonable suspicion analysis for traffic stops.

8. PRACTICE NOTES AND CITATIONS

8.1 Two-Track Defense

The ALR civil hearing before SOAH and the criminal DWI case in county/district court proceed independently. The DPS's burden at ALR is preponderance; the State's burden in the criminal case is beyond a reasonable doubt. Either result is admissible (with limits) in the other proceeding.

8.2 SOAH ALR Hearing — Issues

8.3 Tactical Considerations

• The ALR hearing is the best discovery tool in the criminal case — cross-examine the arresting officer under oath months before the criminal trial.
• Subpoena the Technical Supervisor for Intoxilyzer issues; for blood, subpoena the DPS lab analyst.
• Challenge DIC-24 delivery — written, oral, accuracy, language understood.
• Check for two-hour rule on chemical tests (though Texas has no rigid two-hour rule unlike NY).
• Review Texas Forensic Science Commission investigations affecting the testing lab.

8.4 Sources and References

• Texas Department of Public Safety ALR Information: https://www.dps.texas.gov/section/driver-license/administrative-license-revocation
• State Office of Administrative Hearings: https://www.soah.texas.gov/
• Texas Penal Code Chapter 49 — Intoxication and Alcoholic Beverage Offenses
• Texas Transportation Code Chapters 521, 524, 724
• 1 Tex. Admin. Code Chapter 159 — SOAH Procedures
• 37 Tex. Admin. Code §§ 17–19 — DPS Driver License Rules
• NHTSA DWI Detection and Standardized Field Sobriety Test Instructor Guide

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