Can the ALR hearing affect my criminal case?

The ALR hearing is completely separate from your criminal case. The outcome of one will not affect the outcome or status of the other.

However, if the officer testifies at the license hearing, his testimony cannot change when he shows up later to testify at your criminal trial. Sometimes this can be problematic for an officer who testifies to one fact/ opinion at the license hearing, and then his answers change at the criminal trial.

For example, an officer testifies at the license hearing that he smelled a slight odor of alcohol on someone’s breath after they exited their vehicle. Then, several months later at the person’s criminal trial, the officer testifies that he smelled a very strong odor of an alcoholic beverage as soon as he approached the car.

If your attorney is well prepared, he can use this conflicting testimony to show the jury the officer might have credibility issues in the case.