Getting arrested for DWI in Texas actually triggers two separate legal processes: your criminal case and an administrative proceeding intended to suspend your driver's license. While it’s important that you focus on the criminal charges against you, the Administrative License Revocation (ALR) hearing can have immediate and devastating consequences for your ability to drive — and more.
Hiring an attorney to handle the ALR hearing process and dispute your license suspension can mean the difference between keeping your license and losing your driving privileges for a long time.
Arrested for DWI? There’s a lot you’ve got to do. Start your case off on the right foot. Call us today at (832) 314-3232 or schedule a consultation online to protect your license and defend your future.
How long are DWI license suspensions?
The length of your license suspension depends on a number of factors, including whether you refused chemical testing, your blood alcohol concentration at the time of arrest, and your prior DWI history. Because refusing blood alcohol testing violates implied consent laws, you face longer license suspensions for doing so.
While your license suspension period will be at the discretion of the court, your suspension period will likely follow these guidelines:
First-time DWI:
Failed test: 90-day suspension
Refused test: 180-day suspension
Repeat offenders:
Refused test: 1- to 2-year suspension
Failed test: Up to a 2-year suspension
These administrative suspensions are separate from any criminal penalties you might face. Even if you're eventually found not guilty in your criminal case, you could still lose your license through the ALR process if you don't challenge it properly. This is why requesting an ALR hearing is absolutely essential — it's your only opportunity to prevent or reduce your license suspension.
What is an ALR hearing?
An ALR hearing is a civil proceeding that determines whether the Texas Department of Public Safety (TxDPS) can suspend or revoke your driver's license following a DWI arrest. Despite being triggered by a criminal arrest, the ALR hearing is completely separate from your criminal DWI case.
The ALR hearing functions similarly to a trial, but with lower stakes in terms of potential penalties and a different burden of proof. At the hearing, an administrative law judge reviews evidence and testimony to determine whether the officer had legal grounds to stop you, arrest you, and whether you either failed chemical testing or refused it.
This hearing is your opportunity to challenge the suspension before it takes effect — and to start your DWI case off on the right foot. The ALR hearing doesn’t technically relate to your criminal case, but winning the ALR hearing sets the tone for your criminal case itself (and judges and juries alike would know about your successful ALR).
You have 15 days after you receive notice of suspension, which is usually after your DWI arrest, to request your ALR hearing. If you don’t request an ALR hearing, your license will be automatically suspended on the 40th day following your arrest or notice.
What is the purpose of an ALR?
The main reason is that, by separating the license suspension process from criminal prosecution, the state can act quickly to suspend driving privileges based on failed or refused chemical tests. From a legal perspective, the ALR hearing serves as a check on law enforcement authority. The hearing requires TxDPS to prove several key elements before your license can be suspended:
- Reasonable suspicion existed for the traffic stop or arrest
- Probable cause existed to believe you were operating a vehicle while intoxicated
- Chemical test results showed a BAC of 0.08% or higher (or 0.04% for commercial drivers), OR you refused to submit to chemical testing after being properly warned
The ALR hearing also provides you with an important opportunity to preview the State's evidence in your criminal case. Through the hearing process, you and your attorney can examine the arresting officer under oath, identify weaknesses in the State's case, and potentially uncover constitutional violations that could help your criminal defense.
Whether you’re facing a DWI in Houston or Galveston, your attorney can use the ALR hearing as a discovery tool while building your defense.
How long does an ALR hearing take?
The timeline for your ALR hearing will vary depending on things like court scheduling, witness availability, and case complexity. After you request a hearing, TxDPS usually schedules it within 30 to 120 days.
Timeline
- Request deadline: 15 days from your arrest
- Hearing scheduled: 30 to 120 days after request
- Actual hearing duration: 1 to 3 hours
- Decision: Usually immediate; at the most a few days
- Appeal deadline: 30 days from decision
During the hearings, which are usually relatively short, the administrative law judge will hear testimony from the arresting officer, review evidence like dashcam footage and blood test results, and consider arguments from both sides. Your attorney will have the opportunity to cross-examine witnesses, present evidence, and argue why your license should not be suspended.
If you request an ALR hearing, your temporary driving permit remains valid until the judge issues a decision. This means that even if the hearing is scheduled 90 days after your arrest, you can continue driving legally during that entire period.
What happens if you lose your ALR hearing?
If the administrative law judge rules against you at the ALR hearing, your driver's license suspension will take effect. But losing the ALR hearing doesn't mean you're out of options — a few paths remain available to restore or maintain limited driving privileges.
The immediate consequences of losing an ALR include:
- Your license suspension begins on the date specified in the judge's order
- Your temporary driving permit expires
- You cannot legally drive in Texas without obtaining alternative authorization
- The suspension period follows the timelines outlined earlier (90 days to 2 years depending on circumstances)
You may be able to file an appeal, apply for an occupational license, or apply for court-ordered driving restrictions like ignition interlock devices in Texas to keep you on the road.
How to request an ALR hearing in Texas
Deadlines in the ALR process are strict and unforgiving. You’ve got to act quickly, as missing deadlines means your license will be suspended with no chance for appeal.
- Submit your request in writing. Your attorney can do this for you, but it must be done within the 15-day window.
- Request a hearing location and dictate your preference for the format (in-person, video). Your attorney should be able to advise you on which format is most advantageous for your situation.
Don't wait until day 14 or day 19 to request your hearing. Mail delays, technical issues with online submissions, or simple human error can cost you your only chance to fight the suspension. If you've been arrested for DWI, requesting an ALR hearing should be among your first priorities — ideally within the first few days after your arrest.
Chances of winning an ALR hearing in Texas
Success rates at ALR hearings will vary significantly based on the specific facts of the case, the quality of legal representation, and the strength of the State's evidence. The difference between representing yourself and having an experienced DWI attorney at your ALR hearing cannot be overstated. An attorney who regularly handles these hearings knows exactly what questions to ask the arresting officer, which technical defenses apply to your situation, and how to present evidence persuasively to the administrative law judge.
Your chances go up astronomically if you’re working with a qualified attorney, and are even better if you have an attorney with experience defending licenses in your local courts. Whether you’re looking for an attorney in Houston, a Conroe DWI lawyer, or a Bryan DWI lawyer, the Texas DWI lawyers at Turnbull Legal Group have the knowledge and the tenacity — as well as the experience working in local courts — to defend your life.
How DWI attorneys win ALR hearings
It takes a lot more than just a knowledge of Texas DWI laws to win an ALR hearing, but good attorneys win ALR hearings all the time. Some common reasons why ALR hearings are won include:
- Challenging the traffic stop. One of the most powerful defenses at an ALR hearing is challenging whether the officer had reasonable suspicion to initiate the traffic stop in the first place. If the officer cannot articulate specific, objective facts that justified pulling you over, the entire case falls apart.
- Disputing probable cause. Even if the traffic stop was valid, the State must prove the officer had probable cause to believe you were intoxicated.
- Defending against chemical tests. Chemical test results often appear definitive, but experienced attorneys know numerous ways to challenge their accuracy and admissibility.
- Uncovering procedural violations. The State must follow specific procedures throughout the DWI arrest and ALR process. Attorneys win hearings by identifying violations in police work.
Your attorney may also negotiate with TxDPS before the hearing to resolve the matter. In some situations — particularly with first-time offenders or cases involving pretrial diversion in Texas — the State may agree to withdraw the suspension if you complete certain requirements or if your criminal case is resolved in your favor.
It's worth noting that dismissal of the ALR case does not automatically mean your criminal DWI charges will be dismissed. These remain separate proceedings. However, the same evidence and legal arguments that result in an ALR dismissal often strengthen your criminal defense significantly.
How ALR hearing results impact your criminal case
While the ALR hearing and your criminal DWI case are legally separate proceedings, the results and evidence from the ALR hearing can significantly impact your criminal defense strategy.
Ways ALR hearings affect criminal cases:
Evidence preservation and discovery
The ALR hearing occurs much earlier than most criminal trials, giving your attorney an invaluable opportunity to cross-examine the arresting officer under oath while events are still fresh. This testimony is recorded and can be used later in your criminal case. If the officer's testimony at trial contradicts their ALR hearing testimony, your attorney can use this inconsistency to challenge their credibility.
Identifying weaknesses in the State's case
The ALR hearing reveals the prosecution's evidence and strategy before your criminal trial. Your attorney can identify problems with the traffic stop, arrest procedures, field sobriety tests, or chemical testing that may lead to suppressing evidence, stronger positions for negotiation, or improved trial strategies.
Impact on plea negotiations
If you win your ALR hearing, it demonstrates that the State's evidence has significant weaknesses. Prosecutors may be more willing to offer favorable plea agreements or reduced charges when they know their case has already been challenged successfully. Conversely, if you lose the ALR hearing, it doesn't mean you'll lose your criminal case, as the burden of proof is higher in criminal court.
Legal precedents and rulings
Any legal rulings made by the ALR judge regarding the constitutionality of the stop or arrest can inform your criminal defense strategy. While ALR decisions don't bind the criminal court, they provide insight into how neutral fact-finders view the evidence.
Win your ALR hearing and defend your future with Turnbull Legal Group
Losing your driving privileges adds even more strain to the already nightmarish process of being charged with a DWI, but the good news is you don’t have to go it alone. The attorneys at Turnbull Legal Group have extensive experience protecting clients' driving privileges at ALR hearings while building strong defenses against criminal DWI charges.
As a former State District Court Judge and Chief Prosecutor, founding attorney Ned Turnbull understands the ALR hearing process from both sides — he knows how judges think, what prosecutors look for, and how to identify and where weaknesses lie in the State's case.
Time is not on your side. With only 15 days to request your hearing, you’ve got to move fast. Our team can immediately file your ALR hearing request, begin investigating your case, and start building a defense strategy that addresses both your administrative license suspension and criminal charges.
Whether this is your first or second DWI Texas — or even your fourth — Turnbull is ready to stand by your side. Arrested for DWI in Texas? Call Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to get started. Your license and your future are worth fighting for.
More Helpful Articles by Turnbull Legal Group:
- How Does the Zero Tolerance Law Apply to Underage DWI Offenders in Texas?
- Can You Refuse a Breathalyzer Test in Texas?
- Facing DWI In Texas? Key Insights From A Trusted DWI Law Firm
- The Ultimate Guide to Hiring a Texas DWI Attorney
- DWI vs. DUI in Texas: What's the Difference?
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