Stop Texas DWI License Suspension: ALR Hearing Guide 2026

What Is an ALR Hearing in Texas?

Administrative License Revocation (ALR) is Texas’s system for handling driver’s license suspensions related to DWI arrests. This civil administrative process operates completely separately from your criminal DWI case and is managed by the Texas Department of Public Safety (DPS), not the courts handling your criminal charges.

An ALR hearing is triggered when you either:

• Fail a breath or blood test with a BAC of 0.08% or higher
• Refuse to provide a breath or blood sample when requested by law enforcement

The hearing is conducted by an administrative law judge from the State Office of Administrative Hearings (SOAH). Unlike criminal proceedings, ALR hearings focus solely on whether DPS has sufficient grounds to suspend your license under Texas’s implied consent laws.

The judge reviews evidence about your arrest, the officer’s procedures, and test results to determine if the suspension should proceed.

According to Texas DPS statistics, thousands of Texas drivers lose their licenses through ALR proceedings each year, often because they missed the 15-day deadline to request a hearing.

How Texas ALR Hearings Can Stop or Cause License Suspension

The Critical 15-Day Rule

Your window to fight the suspension starts closing the moment you’re arrested. Texas law requires you to request an ALR hearing within 15 days of your arrest or receiving the DPS notice. This deadline is absolute – there are no extensions, no exceptions for weekends or holidays.

Here’s what happens if you miss the deadline:

• Automatic suspension begins on the 40th day after arrest
• No opportunity to contest the evidence or challenge the stop
• No administrative relief until you’re eligible for an occupational license

What You Can Defend or Challenge

A skilled DWI attorney can challenge multiple aspects of your arrest during an ALR hearing:

Probable Cause Issues: Did the officer have reasonable suspicion to stop your vehicle? Common challenges include:

• Lack of observable traffic violations
• Relying on anonymous tips without corroboration
• Extending a routine traffic stop without justification

Warning Requirements: Officers must provide specific warnings about refusing chemical tests, including:

• Whether proper statutory warnings were given
• Timing and clarity of the warnings
• Your understanding of the consequences

Test Accuracy and Procedures: Chemical tests must follow strict protocols:

• Proper calibration and maintenance of breath test machines
• 15-minute observation period before breath testing
• Chain of custody for blood samples
• Officer training and certification

Procedural Violations: DPS must follow specific administrative requirements:

• Proper service of suspension notices
• Correct paperwork completion
• Timely submission of evidence

Step-by-Step ALR Hearing Process

1. Requesting the Hearing (Days 1-15)

You must request your ALR hearing within 15 days through:

• Online: Through the Texas DPS ALR website
• By mail: Send written request to DPS ALR Division
• By phone: Call the ALR program at (512) 424-2600

Required information:

• Your full name and date of birth
• Driver’s license number
• Date and location of arrest
• Arresting agency and officer name

2. Scheduling and Preparation (Days 16-40)

Once requested, SOAH schedules your hearing, typically within 30-60 days. During this period:

• Your license remains valid
• Discovery process begins
• Evidence gathering and witness preparation occur
• Subpoenas are issued for officers and records

3. Pre-Hearing Discovery

Your attorney can request crucial evidence through the discovery process:

• Police reports and arrest documentation
• Video recordings from patrol cars or booking facilities
• Breath or blood test records and maintenance logs
• Officer training records and certifications

4. The Hearing

ALR hearings can be conducted in person or by telephone. The typical process includes:

• Opening statements outlining your defense
• Questioning the arresting officer about procedures and observations
• Presenting evidence challenging the arrest or test results
• Cross-examination of DPS witnesses
• Closing arguments summarizing why the suspension should be dismissed

5. Decision and Outcomes

The administrative judge has several options:

• Dismiss the action – Your license remains valid
• Uphold the suspension – Suspension proceeds as scheduled
• Reduce the suspension period – In limited circumstances

According to the State Office of Administrative Hearings, decisions are typically issued within 10-15 business days of the hearing.

What Happens if You Lose the Hearing

Losing your ALR hearing means the suspension will proceed as originally scheduled. However, you still have options:

Suspension Periods

Occupational Driver’s License

Even with a suspended license, you may qualify for an Occupational Driver’s License (ODL) allowing you to drive for:

• Work-related activities
• Educational purposes (school, college)
• Essential household duties (groceries, medical appointments)
• Court-ordered programs

Important ODL requirements:

• Must obtain SR-22 high-risk insurance
• May require ignition interlock device installation
• Limited to 12 hours of driving per day
• Restricted to specific counties and purposes
• Cannot be used for recreational activities

Important Considerations

• ALR results don’t affect your criminal case – You can still fight the DWI charges even if you lose the ALR hearing
• No double jeopardy – Civil and criminal proceedings are separate
• Insurance implications – Suspension may affect your insurance rates and coverage

How a DWI Lawyer Can Help With Your ALR Hearing

Representing yourself significantly reduces your chances of success. Administrative law judges see unrepresented drivers daily who don’t understand the complex procedural requirements or available defenses.

Our experienced Dallas DWI lawyers provide crucial advantages:

• Immediate action to meet the 15-day deadline
• Comprehensive discovery to gather all available evidence
• Strategic defense planning based on your specific case facts
• Skilled cross-examination of arresting officers
• Knowledge of procedural violations that can result in dismissal

At the Law Offices of Richard C. McConathy, we’ve successfully defended over 1,000 ALR hearings across Dallas, Tarrant, Denton, and Collin Counties.

Don’t let the 15-day deadline pass and automatically lose your driving privileges. Contact our experienced DWI defense team today at (972) 528-0116 for immediate action to protect your license.

Frequently Asked Questions

Can I drive while waiting for my ALR hearing?

Yes, your license remains valid until your hearing decision takes effect, but only if you request the hearing within 15 days.

What if the officer doesn’t show up to my hearing?

If the arresting officer fails to appear and provide testimony, DPS cannot meet their burden of proof, and your hearing will typically be dismissed. However, officers can testify by telephone, making absence less common.

Can my ALR ruling be appealed?

Limited appeal options exist through the state district court system, but appeals must be filed within 30 days of the ALR decision. The appeal process is complex and requires experienced legal representation.

Is ALR separate from my DWI criminal case?

Yes. ALR is a civil administrative proceeding handled by DPS, while your DWI is a criminal matter prosecuted by the District Attorney’s office.

What happens if I have a CDL?

Commercial drivers face enhanced penalties under ALR proceedings:

• Any BAC of 0.04% or higher while driving commercially triggers a 1-year disqualification
• Any BAC of 0.08% or higher while driving personally triggers a 1-year disqualification
• Refusing a test results in a 1-year disqualification
• A subsequent offense means a lifetime disqualification from commercial driving
• CDL holders are not eligible for occupational licenses to drive commercially during suspension