Those three letters—ALR—might not mean much to most people, but if you’re arrested for DWI in Texas, they’ll quickly become critically important. The clock starts ticking the moment you’re handed that notice of suspension, and understanding what comes next could mean the difference between keeping and losing your driver’s license.
The Administrative License Revocation hearing represents your one shot at keeping your driving privileges while your criminal case unfolds—and it happens fast. Here’s what you need to know, and how a Fort Worth DWI lawyer can help.
The Two-Track System of DWI Cases in Texas
When you’re arrested for DWI in Texas, you’re suddenly thrown into two completely separate legal proceedings at once. Most people focus only on the criminal case, not realizing that the battle for their driver’s license requires immediate attention.
- Criminal Case Track: This is the familiar court process that determines your guilt or innocence on DWI charges and can result in fines, probation, or jail time. It typically unfolds over months.
- Administrative License Track: This separate civil proceeding – known as the Administrative License Revocation (ALR) program – focuses solely on your driving privileges and moves much faster than the criminal case. The Department of Public Safety (DPS) can suspend your license regardless of what happens in your criminal case.
- Why Both Matter: Success in one doesn’t guarantee success in the other. You could win your criminal case but still lose your license—or vice versa. They require different strategies and different burdens of proof.
Critical Timelines for ALR Hearings
Time is not on your side when it comes to ALR proceedings in Texas. Missing deadlines in this process can automatically cost you your license, regardless of the facts of your case.
The 15-Day Deadline
After your arrest, you have just 15 days to request an ALR hearing. This deadline is strict and unforgiving. If you were handed a notice at the time of arrest, your countdown begins immediately. If you took a blood test, the clock starts when the results come back and DPS mails you a notice.
What Happens If You Miss It
If you fail to request a hearing within those 15 days, your license suspension becomes automatic.
When Suspensions Take Effect
If you don’t request a hearing or if you lose your hearing, the suspension typically begins on the 40th day after you received notice. This gives you a short window to prepare for life without driving privileges or to arrange for an occupational license.
The ALR Hearing Process
ALR hearings take place before an Administrative Law Judge (ALJ), not in a regular courtroom. These judges work for the State Office of Administrative Hearings (SOAH), not the criminal court system.
When you request a hearing, you’ll typically wait up to 60 days for it to be scheduled. This actually works in your favor, giving you more time with your license while you prepare.
The state presents its case first, usually through police reports and sometimes officer testimony. Your attorney then gets to cross-examine witnesses and present evidence challenging the suspension. The focus stays narrowly on whether legal requirements for suspension were met—not on your overall guilt or innocence.
At the end, the judge either authorizes or denies your license suspension.
Strategic Benefits of an ALR Hearing
Even if winning seems unlikely, requesting an ALR hearing offers strategic advantages that extend far beyond simply delaying your license suspension. An experienced attorney can leverage this opportunity for your broader defense.
Officer Testimony Under Oath
At an ALR hearing, your attorney can subpoena the arresting officer to testify under oath—often the first time their account faces scrutiny. This testimony is recorded and can be invaluable if the officer later changes their story during your criminal case.
Discovery Opportunities
The ALR hearing provides an early look at the state’s evidence against you. Your attorney can request documentation that might otherwise be difficult to obtain.
Identifying Procedural Errors
Many ALR cases are won on technicalities and procedural violations. Perhaps the officer didn’t properly calibrate the breathalyzer or couldn’t articulate valid reasonable suspicion for the traffic stop. These same issues can later strengthen your criminal defense.
Potential Suspension Periods
The length of license suspension varies based on whether you refused or failed testing and whether you have prior DWI-related incidents on your record. Understanding these timeframes helps you prepare for potential outcomes.
- First Offense – Test Refusal: 180 days (6 months) suspension if you refused to provide a breath or blood sample.
- First Offense – Failed Test: 90 days (3 months) if you provided a sample that showed 0.08% BAC or higher.
- Prior Offenses – Test Refusal: 2 years suspension if you refused testing and have had a prior suspension or DWI conviction within the past 10 years.
- Prior Offenses – Failed Test: 1 year if you failed testing and have had a prior suspension or DWI conviction within the past 10 years.
- Commercial Drivers: CDL holders face even harsher penalties, with potential 1-year disqualifications for first offenses and lifetime disqualifications for subsequent offenses, regardless of whether you were driving a commercial vehicle at the time.
How a DWI Attorney Helps at an ALR Hearing
A skilled DWI attorney transforms your ALR hearing from a seemingly automatic suspension into a genuine opportunity to maintain your driving privileges and build your defense.
- Your attorney immediately files a proper hearing request, ensuring that no technicalities prevent you from getting your day in court. Many people lose their licenses simply by filing incomplete or incorrect hearing requests.
- Behind the scenes, your lawyer gathers evidence about your stop and arrest, looking for procedural violations or anything else that may support your case.
- During cross-examination, an experienced attorney knows exactly which questions can reveal inconsistencies in officer testimony or procedural violations that can invalidate the suspension.
- Technical knowledge about breath and blood testing is crucial, as many ALR hearings are won on scientific grounds involving improper test administration or equipment failures.
- Local knowledge matters, too. An attorney familiar with Tarrant County procedures knows what to expect and has insight into local law enforcement practices.
- Perhaps most importantly, your attorney coordinates ALR strategy with your criminal defense, using each to strengthen the other for the best possible outcome in both proceedings.
What Happens After the ALR Hearing
The outcome of your ALR hearing sets in motion your next steps, whether maintaining your driving privileges or finding legal alternatives to keep you mobile during a suspension.
If Suspension is Denied
If you win your ALR hearing, your license remains valid. The judge will issue a finding that the Department of Public Safety failed to meet its burden of proof. You’ll walk away with full driving privileges intact while your criminal case proceeds separately.
If Suspension is Upheld
If your suspension is upheld, you’ll need to surrender your license when the suspension period begins (typically on the 40th day after your arrest). You’ll also need to pay a $125 reinstatement fee once the suspension period ends, along with any other outstanding fees, before your driving privileges are restored.
Occupational License Options
Even with a suspension, you may qualify for an occupational license allowing limited driving for essential needs like work, school, and medical appointments. Your attorney can help file this request, which requires court approval and additional fees.
Don’t Face Your ALR Hearing Alone
With only 15 days to request an ALR hearing after your DWI arrest, you can’t afford to wait. Contact Norris Legal Group today at 817-886-8109 for a free case evaluation. Our experienced Tarrant County DWI defense team will protect your driving privileges and start building your defense immediately.
Remember: The clock is already ticking on your license suspension. Call now.
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