Appeal from Administrative Hearing - Texas Transportation Code Section 524.041

Section 524.041. Appeal from Administrative Hearing

(a) A person whose driver's license suspension is sustained may appeal the decision by filing a petition not later than the 30th day after the date the administrative law judge's decision is final. The administrative law judge's final decision is immediately appealable without the requirement of a motion for rehearing.

(b) A petition under Subsection (a) must be filed in a county court at law in the county in which the person was arrested or, if there is not a county court at law in the county, in the county court. If the county judge is not a licensed attorney, the county judge shall transfer the case to a district court for the county on the motion of either party or of the judge.

(c) A person who files an appeal under this section shall send a copy of the petition by certified mail to the department and to the State Office of Administrative Hearings at each agency's headquarters in Austin. The copy must be certified by the clerk of the court in which the petition is filed.

(d) The department's right to appeal is limited to issues of law.

(e) A district or county attorney may represent the department in an appeal.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://dwi.austindefense.com/admin/trackback/22441
Comments (6)Subscribe to Comments on this Entry Read through and enter the discussion with the form at the end
Michael - February 26, 2010 3:21 AM

Where would i get one of the forms to file the appeal?

Michael - February 26, 2010 3:21 AM

Where would i get one of the forms to file the appeal?

Lewis - April 7, 2010 10:02 AM

I won my ALR hearing. Now the DA's office is appealing the decision by the judge in the ALR hearing because the testimony by the arresting officer hurts the State's DWI case against me. How often is an appeal hearing granted?

mike cockrell - February 1, 2012 9:20 PM

My lawyer called today and said he lost my ALR case for a DUI and my license was suspended. I was quiet for a bit since I am in outside sales with a company vehicle. It is my lively hood. While I was thinking my lawyer took offense and started speaking very defensivly asking if I wanted to say something, then he said to call him back when I wasn't pissed off.It thru me off guard. Not quiet sure about my options becuase of his actions. is there an appeal and/or recourse towards my lawyer and the fees I paid up front?

mike cockrell - February 1, 2012 9:21 PM

My lawyer called today and said he lost my ALR case for a DUI and my license was suspended. I was quiet for a bit since I am in outside sales with a company vehicle. It is my lively hood. While I was thinking my lawyer took offense and started speaking very defensivly asking if I wanted to say something, then he said to call him back when I wasn't pissed off.It thru me off guard. Not quiet sure about my options becuase of his actions. is there an appeal and/or recourse towards my lawyer and the fees I paid up front?

mike cockrell - February 1, 2012 9:22 PM

My lawyer called today and said he lost my ALR case for a DUI and my license was suspended. I was quiet for a bit since I am in outside sales with a company vehicle. It is my lively hood. While I was thinking my lawyer took offense and started speaking very defensivly asking if I wanted to say something, then he said to call him back when I wasn't pissed off.It thru me off guard. Not quiet sure about my options becuase of his actions. is there an appeal and/or recourse towards my lawyer and the fees I paid up front?

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.