What is an ALR Hearing?
An Administrative License Revocation (ALR) hearing is a civil proceeding triggered by a Driving While Intoxicated arrest in Texas. It is separate from your criminal case and focuses solely on whether the Department of Public Safety (DPS) can suspend your driver’s license.
Every person arrested for DWI in Texas will face an ALR hearing if they:
- Refused to submit to a breath or blood test, or
- Submitted and failed (BAC of 0.08 or more)
The purpose of the hearing is to determine whether law enforcement followed the correct procedures during the arrest and whether DPS has the legal basis to suspend your license.
Attorney Jose Ceja is a former prosecutor and Board-Certified Criminal Lawyer who has handled hundreds of ALR hearings in the Houston area and regularly obtains dismissals of ALR hearings for his clients. Mr. Ceja is recognized as a Texas Super Lawyer.
Why the ALR Hearing Matters in Texas
Many people assume the ALR hearing is just a formality and that suspension is inevitable. But in reality, a well-handled ALR hearing can be one of the most strategic steps in a DWI defense. Not only is it possible to win, but the hearing also offers a valuable early look at the case against you.
Here’s why the ALR hearing is so important:
- Protect Your License: A successful outcome stops the automatic suspension of your driver’s license.
- Early Cross-Examination: You can subpoena the arresting officer and question them under oath, often months before trial.
- Discovery Tool: Officer testimony can reveal weaknesses in the stop, arrest, or chemical testing procedures.
- Build Suppression Motions: Statements and inconsistencies from the ALR hearing can form the basis of pretrial motions in the criminal case.
Don’t overlook the ALR hearing — it’s often your first, and sometimes best, opportunity to fight back.
The 15-Day Deadline
If you refused or failed a breath or blood test, you must request an ALR hearing within 15 days of receiving the DIC-25 (Notice of Suspension). This form is usually given at the time of release from jail.
- Day 1 is the day you received the DIC-25.
- If no request is made in time, your license will be automatically suspended 40 days after the DIC-25 was served.
- There is no 15-day deadline in blood test cases. DPS will mail a notice if the result is 0.08 or greater, and you will have 20 days to request a hearing from the date of that notice.
How to Request the ALR Hearing
It is strongly recommended that your DWI lawyer handle the ALR request. Experienced DWI attorneys use specialized request forms, include statutory citations, and ensure that a clear record of the request is created in case of any dispute with DPS. Proper handling from the beginning also helps preserve important procedural rights and deadlines.
That said, if time is running out and you have not yet hired a lawyer, you may request the hearing yourself to protect your right to contest the suspension.
You can request the hearing:
- Online: DPS ALR Request Page
- Fax: (512) 424-2650 (Recommended – keep confirmation sheet)
- Mail: DPS/Driver Improvement Bureau, P.O. Box 4040, Austin, TX 78765-4040
- Phone: (800) 394-9913 (least preferred)
You will need:
- Full name
- Date of birth
- Driver’s license number and issuing state
- Date and county of arrest
- Alleged BAC or refusal
- Arresting agency
ALR Hearing Process: What to Expect
- Location: All ALR hearings are now virtual.
- Judge: A SOAH Administrative Law Judge (ALJ) presides over the hearing.
- Evidence: DPS may try to prove its case with documents only or may call the arresting officer.
- Your Rights: You can subpoena the officer and cross-examine them. You can also raise objections to documents or improper procedures.
- Defendant Appearance: The defendant is not required to appear at an ALR hearing. Your attorney can handle the hearing entirely on your behalf.
The ALJ will determine whether:
- The stop and arrest were legal
- The officer followed correct testing protocol
- The driver refused or failed the test
Winning an ALR Hearing
Winning an ALR hearing often depends on identifying procedural flaws or gaps in the State’s evidence. You can win by attacking:
- Lack of Reasonable Suspicion or Probable Cause
- Improper Statutory Warning (DIC-24)
- Paperwork Errors (e.g., missing or outdated forms)
- Officer Testimony (if inconsistent or unprepared)
- Non-Appearance of Subpoenaed Witness: If the arresting officer or other critical witness is properly subpoenaed and fails to appear, the judge will likely rule in your favor and deny the suspension.
If DPS fails to meet its burden, the ALJ will deny the suspension. In the Houston area, it is common for experienced DWI attorneys to win ALR hearings and protect their clients driving privileges against an administrative suspension.
Suspension Periods for ALR Cases
Adults 21+ Years Old:
- Refusal: 180-day suspension (1st offense), 2 years (if prior within 10 years)
- Failure (BAC ≥ 0.08): 90-day suspension (1st), 1 year (if prior within 10 years)
Minors:
- Automatic 60- to 180-day suspensions, depending on BAC or refusal
These suspensions apply before any criminal conviction and may be separate from any suspension ordered by a court.
ALR Hearings and Commercial Driver’s Licenses (CDLs)
If you hold a Commercial Driver’s License (CDL), the stakes at an ALR hearing are even higher.
- A disqualification of your CDL can result from either a refusal to submit to chemical testing or a failure (BAC ≥ 0.08), even in a personal vehicle.
- A disqualification period of 1 year applies for a first offense; 3 years if transporting hazardous materials.
- CDL holders are not eligible for an occupational license to drive commercially.
Because a disqualification can end your driving career, it is especially important to challenge the ALR process aggressively if you are a commercial driver.
Occupational Driver’s License (ODL)
If you lose the ALR hearing, you may still be eligible for an Occupational License that allows you to drive to:
- Work
- School
- Essential household duties
At Ceja Law Firm, it is our goal to quickly file the petition and get back on the road legally after a Houston ALR suspension.
After the Hearing: Suspension or Win
If the ALJ grants suspension:
- You must pay a reinstatement fee to DPS.
- You may apply for an ODL, if eligible.
- Suspension periods are non-probated and begin on the effective date.
If the ALJ denies suspension:
- Your license is not suspended.
- DPS must reinstate the license (if it was taken).
Using the ALR Hearing to Help the Criminal Case
ALR hearings are often more useful than the criminal case for uncovering weaknesses in the State’s evidence. You can:
- Nail down officer testimony early
- Set up suppression issues
- Catch inconsistencies between the ALR and trial testimony
- Obtain the hearing audio for impeachment at trial
A well-prepared ALR hearing is like a free deposition of the arresting officer.
Appeals and Reinstatement
If you lose the hearing, you may appeal within 30 days. Appeals are filed in the county court where the arrest occurred. The judge may grant a stay of suspension during the appeal.
Always confirm DPS has your current address—important notices will be mailed there. If you’re suspended, you must:
- Pay reinstatement fees
- Complete any required alcohol education
ALR Frequently Asked Questions
Is my license suspended immediately after a DWI arrest in Texas?
No, your license is not suspended immediately. Upon arrest, the officer will confiscate your license and issue a Notice of Suspension, which serves as a temporary driving permit. You have 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing to contest the suspension. If you do not request a hearing within this period, your license will be automatically suspended on the 40th day after the notice was served.
Do I have to attend an ALR hearing?
No, your personal attendance at the ALR hearing is not required. Your attorney can represent you and handle the proceedings on your behalf. In fact, attending the hearing without legal representation could expose you to questioning that may not be in your best interest.
Can I drive after the 40-day period on the temporary driving permit?
Yes, but only if you have timely requested an ALR hearing within the 15-day window after your arrest. Requesting a hearing extends the validity of your temporary driving permit until the hearing’s outcome is determined. If you fail to request a hearing within the 15 days, your license suspension will commence on the 40th day after the notice was served, and you will not be legally permitted to drive beyond that point.
What if I have an out-of-state driver’s license?
If you hold an out-of-state driver’s license and are arrested for a DWI in Texas, the Texas Department of Public Safety (DPS) can still move to suspend your driving privileges within the state. Additionally, Texas may report the suspension to your home state, which could take reciprocal action, potentially leading to a suspension of your license there as well. It’s crucial to consult with an attorney familiar with both Texas DWI laws and the interstate implications to navigate this situation effectively.
What happens if I miss the 15-day window to request an ALR hearing?
Failing to request an ALR hearing within the 15-day period results in an automatic license suspension on the 40th day after your Notice of Suspension was served. Once this suspension is in effect, your options to contest it are significantly limited. Acting promptly to request a hearing is essential to preserve your driving privileges.
Can I obtain an Occupational Driver’s License (ODL) if my license is suspended?
Yes, if your license is suspended following a DWI arrest, you may be eligible to apply for an Occupational Driver’s License. An ODL allows you to drive for essential purposes, such as work, school, or medical appointments, during the period of suspension. The application process involves filing a petition with the court and may require the installation of an ignition interlock device on your vehicle. Consulting with an attorney can help you navigate this process effectively.
Do I have an ALR case if I gave a blood sample instead of a breath test?
It depends. If you consented to a blood draw after your DWI arrest, you usually won’t have an ALR case right away. Unlike a breath test (where the result is immediate) or a refusal (which triggers an automatic suspension process), a blood test takes time to be analyzed by the lab.
You will only have an ALR case if and when the results come back showing a blood alcohol concentration (BAC) of 0.08 or higher. If that happens, the Texas Department of Public Safety (DPS) will mail you a Notice of Suspension, and you’ll have 20 days from the date of that notice to request an ALR hearing.
This delay can actually work in your favor. It gives your attorney more time to prepare, and sometimes exposes issues with how the blood was collected, stored, or tested that can help your overall defense.
Can my license be suspended even if I win my ALR hearing?
Yes. Winning your ALR hearing prevents an administrative suspension by the Texas Department of Public Safety, but it does not guarantee that your license won’t be suspended later. If you’re convicted of DWI in criminal court, the judge can still order a separate suspension as part of your sentence.
In other words, the ALR hearing is your first chance to protect your license, but it’s not the last. That’s why it’s important to fight both the ALR and the criminal DWI case with a strong defense.
Contact a Houston DWI Lawyer for Help With Your ALR Hearing
Jose Ceja is a Board-Certified Criminal Law Specialist and former prosecutor who treats ALR hearings with the same level of preparation and strategy as a trial. If you’ve been arrested for DWI and received a Notice of Suspension, contact us immediately. We’ll make sure your hearing is requested on time, evaluate whether subpoenaing the officer is in your best interest, fight to protect your license, and use the hearing as an opportunity to build your defense. Free consultations are available, but time is limited — you only have 15 days to act.
