What an ALR hearing is

Administrative License Revocation (ALR) is a civil process run by the Texas Department of Public Safety (DPS). It is separate from your criminal DWI case. The criminal case decides guilt and punishment. The ALR case decides only one thing: whether DPS can suspend your driver’s license because of the arrest.

The ALR process starts when an officer arrests you for DWI or a related intoxication offense and you either refuse a breath or blood test or take one that shows an alcohol concentration of 0.08 or more. The officer serves you with a notice of suspension and sends DPS a sworn report about the arrest within five business days (Transportation Code §524.011). If you refused the test, the suspension comes under the implied consent law in Chapter 724 instead of Chapter 524, but the deadlines work the same way.

You can win the ALR case and still face the DWI charge, or lose it and still beat the charge. The two cases move separately.

The 15-day rule and the 40-day suspension

Two numbers control your license after a DWI arrest. You have 15 days to ask for a hearing. If you do nothing, the suspension starts on day 40.

Day	What happens	Law
Day 0	You receive the notice of suspension, usually at arrest. If a blood test result comes back later, DPS mails the notice instead.	§§524.011, 524.013
By day 15	DPS must receive your hearing request at its Austin headquarters. A late request is denied.	§§524.031, 724.041(a)
After the request	The suspension is on hold until the administrative law judge makes a final decision.	§§524.032(d), 724.041(c)
Day 40	If no hearing was requested, the suspension takes effect automatically.	§§524.021, 724.035(c)

The 15 days run from the date you got the notice, not from your first court date or the date you hired a lawyer. When DPS mails the notice after a blood test, its ALR page says you have 20 days from the mailing date to ask for a hearing. Read the date on your notice carefully, and do not wait for the criminal case to start.

An ALR suspension cannot be probated (Transportation Code §524.021(b)). That means the only way to stop it from taking effect is to request a hearing in time and then win it.

How long the suspension lasts

The length depends on whether you failed or refused the test and whether your driving record shows an alcohol- or drug-related enforcement contact in the 10 years before the arrest.

Situation	Adult suspension	Law
Failed test, no prior contact in 10 years	90 days	§524.022(a)(1)
Failed test, prior contact in 10 years	1 year	§524.022(a)(2)
Refused test, no prior contact in 10 years	180 days	§724.035(a)
Refused test, prior contact in 10 years	2 years	§724.035(b)

For drivers under 21, the law sets separate periods of 60, 120 or 180 days depending on prior alcohol-related convictions, and a minor can be suspended for any detectable amount of alcohol (Transportation Code §524.022(b)). Commercial drivers face a separate disqualification process with stricter limits.

How to request the hearing

DPS accepts hearing requests online, by mail, email, phone or fax, according to its ALR program page. The law requires the request to reach DPS headquarters in Austin within the deadline, so leave yourself time and keep proof of when you sent it.

DPS asks for this information when you request by mail, email or fax:

• Your name, date of birth, and driver’s license number and state.
• Your mailing address, email address and phone numbers.
• The date and county of arrest, the arresting agency and the officer’s name.
• Whether the test was failed or refused.
• If you have a lawyer, the lawyer’s name, firm and contact details.

DPS says scheduling can take up to 60 days and that it mails the date, time and location to you. The hearing cannot be held earlier than the 11th day after you are notified of it, unless both sides agree, and it must be held before the suspension would take effect (Transportation Code §524.032(a)).

What the judge decides

ALR hearings are held by an administrative law judge from the State Office of Administrative Hearings (SOAH). DPS has to prove its case by a preponderance of the evidence, meaning more likely than not. The issues depend on whether you failed or refused the test.

Type of case	What DPS must prove	Law
Failed test	That you had an alcohol concentration of 0.08 or more while operating a motor vehicle in a public place, and that there was reasonable suspicion to stop you or probable cause to arrest you	§524.035(a)
Refused test	That there was reasonable suspicion or probable cause to stop or arrest you, probable cause to believe you were driving while intoxicated, that you were arrested and asked for a specimen, and that you refused	§724.042

If the judge finds for DPS on every issue, the suspension is sustained. If DPS fails on any issue, DPS must reinstate your license and cancel any order blocking you from getting one (Transportation Code §524.035(b) and (c)). For an adult, the judge cannot find the alcohol issue in DPS’s favor if the test showed a result below 0.08.

Where and how the hearing happens

• Location: in the county of arrest if that county has 300,000 or more people. Otherwise in the county where the offense allegedly happened or within 75 miles of the arresting county’s seat. A hearing can be held by telephone if both you and DPS agree (Transportation Code §524.034).
• Rescheduling: you get one continuance if you ask for it before the 5th day before the hearing. A second, of up to 10 days, is allowed only for a medical condition (Transportation Code §524.032(b) and (c)).
• Breath test witnesses: in a breath test case, you can ask SOAH, no later than the 5th day before the hearing, to subpoena the breath test operator or the technical supervisor for the instrument. SOAH issues the subpoena only on a showing of good cause (Transportation Code §524.039).
• Missing the hearing: if you fail to appear without just cause, you lose the right to the hearing and the suspension becomes final (Transportation Code §524.036).

Why the hearing matters even if you might lose

Requesting a hearing does more than buy time. It keeps your license valid until the judge rules. It also brings the officer’s sworn report and the test records into the open early, before the criminal case has gone very far. Your lawyer can use what comes out at the hearing to judge the strength of the DWI charge.

If you lose, you are not out of options. You may be able to apply for an occupational driver’s license that lets you drive to work, school and essential household duties during the suspension. See the occupational driver’s license guide.

Appealing an ALR decision

The judge’s decision is final once it is issued and signed. If the suspension is sustained, you can appeal by filing a petition within 30 days after the decision becomes final. The appeal goes to a county court at law in the county of arrest, or to the county court if there is none (Transportation Code §524.041).

Filing an appeal stays the suspension only if your license was not suspended for an alcohol- or drug-related contact in the previous five years and you have no DWI-type conviction in the previous 10 years. Even then, the stay lasts no more than 90 days and cannot be extended (Transportation Code §524.042).

How the ALR case and the criminal case connect

The outcome of your criminal case does not change the ALR suspension, with one exception. If you are acquitted of DWI or a related intoxication offense arising from the same arrest, the suspension cannot be imposed. If it was already imposed, DPS must rescind it and remove it from your driving record (Transportation Code §524.015). A dismissal or plea deal is not an acquittal, so do not count on the criminal case to fix your license.

The criminal case can also bring its own license suspension on conviction. Read more in Texas DWI laws and the first offense DWI guide.

When to call a lawyer

Call as soon as you have the notice of suspension in hand. A lawyer can send the hearing request before day 15, ask for breath test witnesses in time, prepare to question the evidence, and plan an occupational license if the hearing does not go your way. Talk to a Texas criminal defense lawyer about your arrest and your license.

ALR hearing questions

What happens if I miss the 15-day deadline?

DPS denies late requests. Your license is suspended on the 40th day after you received the notice, for the full period the law sets. You may still be able to apply for an occupational license.

Can I keep driving while I wait for the hearing?

Yes, if your license was otherwise valid. A timely hearing request stays the suspension until the administrative law judge makes a final decision (Transportation Code §524.032(d)).

Does winning the ALR hearing get my DWI dismissed?

No. The ALR hearing decides only the license suspension. The criminal DWI case is a separate proceeding in a criminal court.

Does it matter whether I refused or failed the test?

Yes. A refusal brings a longer suspension, 180 days or 2 years, compared with 90 days or 1 year for a failed test. The issues the judge decides are also different.