The State of Texas is already moving to take your driver’s license, and the clock started the moment you were arrested.
Nobody explains this in the back of the patrol car, but your DWI arrest triggered two separate cases. The criminal charge is one. The other is a civil case called an Administrative License Revocation (ALR), run by the Department of Public Safety, and it has one goal: suspending your license. You have 15 days from the date you received notice of suspension to request a hearing. Do nothing, and the suspension kicks in automatically on day 40. No judge, no jury, no second chance.
Take a breath. If you’re inside the window, we can file the request today. Call (713) 664-4000.
What is an ALR hearing?
The ALR hearing is a civil proceeding before an administrative law judge at the State Office of Administrative Hearings, separate from your criminal court. The DPS attorney has to prove things like whether the officer had reasonable suspicion to stop you and probable cause to arrest you, and whether you refused or failed a breath or blood test.
It is not a criminal trial, and winning it doesn’t dismiss your DWI. But it’s far from a formality.
How long is the suspension if I do nothing?
- Refused testing: 180 days for a first refusal; 2 years if you’ve had an alcohol-related suspension in the past 10 years.
- Failed testing (0.08+): 90 days for a first offense; 1 year with a prior.
If you refused, the suspension is longer, but there’s no breath or blood number for the State to lean on unless they got a warrant. We fight either way.
Your ALR timeline
Day 0: you’re arrested. In a breath test or refusal case, the officer takes your license and hands you the notice of suspension right there. In a blood case the law expects the notice to come later, by mail, once the results are back. In practice, officers often hand it over at the scene anyway and mail a copy to DPS too.
Day 15: the last day to request a hearing. We don’t gamble on which date counts. We get the hearing request in within 15 days of the arrest, every time, blood case or not.
Day 40: the suspension starts if nobody asked for a hearing. Once a hearing is requested, the suspension waits until the judge rules.
The hearing: it’s set weeks or months out, in front of an administrative law judge. We use it to question the arresting officer under oath, long before the criminal case gets near a jury.
If you’re anywhere inside those 15 days, call (713) 664-4000 and we’ll file the request today.
Why the ALR hearing is a gift to your defense
The deck at an ALR hearing is stacked toward DPS. So why do we almost always request one?
- It stops the automatic suspension while the hearing is pending. You keep driving.
- It’s free discovery. DPS has to show its cards (the police report, the test records) months before the criminal case heats up.
- We can subpoena the arresting officer and cross-examine him under oath. Locking an officer into sworn testimony early is one of the most valuable moves in a DWI defense. If his story changes at trial, we own the transcript.
That third point is where it pays to have a lawyer who’s a certified SFST instructor and an ACS-CHAL Forensic Lawyer-Scientist doing the questioning. The officer expects softballs. He gets a science exam.
If the suspension happens anyway
Losing the ALR doesn’t mean losing your life. In most cases we can get you an occupational (essential need) license so you can legally drive to work, school, and household duties. Learn more from our Houston occupational license lawyer page.
ALR hearing FAQs
Do I need a lawyer for an ALR hearing?
You’re allowed to go alone, and DPS loves it when people do. An unrepresented driver almost never subpoenas the officer, which throws away the hearing’s biggest strategic value. Let us handle both cases together; they’re two fronts of the same war.
Does winning the ALR hearing help my criminal case?
Indirectly, a lot. Suppression of the stop at the ALR isn’t binding in criminal court, but the sworn officer testimony and early records shape everything we do afterward.
What if I already missed the 15-day deadline?
Call anyway. The criminal case is still very much alive, and we can pursue an occupational license so you’re not stranded.
Act today: the deadline won’t wait
Your Houston DWI defense and your license fight should be handled together. Call Blass Law at (713) 664-4000 for a free, confidential consult. If you’re inside the 15-day window, we can file your hearing request today.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.