When you’re arrested for DWI in Texas, the State moves to suspend your driver’s license through a process called Administrative License Revocation (ALR), and it happens automatically unless you act fast. The ALR hearing is your chance to fight that suspension, and it’s also one of the most useful tools a Houston DWI lawyer has. The catch is the deadline.
The 15-Day Deadline
This is the number that matters most: you have 15 days from the date you receive your notice of suspension to request an ALR hearing. Miss it, and your license is automatically suspended about 40 days after you receive your notice of suspension. Request it in time, and the suspension is put on hold until a hearing is held, so you keep driving in the meantime.
What Happens at the Hearing
The ALR hearing is a civil proceeding, separate from your criminal case, held through the State Office of Administrative Hearings (SOAH). An administrative law judge decides narrow questions, for example, whether the officer had reasonable suspicion to stop you and probable cause to arrest, and whether you refused or failed a breath or blood test. Importantly, DPS carries the burden of proof. For more detail, see what happens at an ALR hearing.
Why the Hearing Matters Even If You Lose
Winning the ALR hearing keeps your license. But even when the odds are tough, the hearing is valuable for another reason: it’s a chance to put the arresting officer under oath before trial, lock in testimony, subpoena records, and preview the State’s evidence. A skilled lawyer uses the ALR process to strengthen the criminal defense, which is why letting the deadline lapse is such a costly mistake. (See also: how do you win an ALR hearing.)
If Your License Is Suspended
If a suspension does take effect, you may qualify for an occupational (essential-need) driver’s license that lets you drive for work, school, and household needs. We help clients pursue occupational licenses so a suspension doesn’t cost them their livelihood.
Don’t Lose Your License by Default. Contact Blass Law
The worst thing you can do is nothing. Contact Blass Law for a confidential case evaluation or call (713) 664-4000 well within your 15-day window, and we’ll fight to keep you on the road.
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.