What is an ALR hearing in Texas?
The Administrative License Revocation (ALR) hearing is a civil case about your driver's license, separate from your criminal DWI charge. It is triggered when you fail or refuse a breath or blood test after a DWI arrest. You have 15 days from the date you receive notice, usually the day of arrest, to request the hearing. If you do not, your license is suspended automatically about six weeks later. Requesting on time pauses the suspension.
- You have 15 days from your Notice of Suspension to request an ALR hearing under Tex. Transp. Code §724.041. There are no extensions.
- Do nothing and the suspension starts automatically 40 days after the notice. Day 41 is the first day you cannot legally drive.
- Suspension lengths: 90 days for a failed test, 180 days for a refusal, longer if you have prior alcohol-related contacts.
- A timely request puts the suspension on hold until a judge rules. You keep driving in the meantime.
- Lawyers request the hearing even in hard cases. The officer's sworn testimony becomes a roadmap for the criminal defense.
What an ALR hearing is, and what it is not
When you are arrested for DWI in Texas, two separate cases start at the same time. The criminal case decides whether you are guilty and what punishment you face. The ALR case decides one thing only: whether you keep your driver's license.
ALR stands for Administrative License Revocation. It is a civil process run by the Texas Department of Public Safety, not a criminal court. There is no jury and no county prosecutor. A DPS attorney presents the case to an administrative law judge from the State Office of Administrative Hearings.
The ALR case starts when one of two things happens after a DWI arrest: you refuse a breath or blood test, or you take one and the result is 0.08 or more. Either one triggers a suspension notice. The criminal side is a different fight with different rules. We cover it step by step in our complete Texas DWI defense guide.
One thing the ALR case is not: optional paperwork. What happens at this hearing can shape your criminal case months later. More on that below.
The 15-day deadline and the automatic suspension
At the arrest, the officer usually takes your plastic license and hands you a paper form called a Notice of Suspension. That paper does two jobs. It tells you DPS intends to suspend your license, and it works as a temporary driving permit for the next 40 days.
The clock starts the day you receive that notice. In most cases that is the day of the arrest. From that day, you have 15 calendar days to request a hearing. The right to that hearing comes from Tex. Transp. Code §724.041. Weekends and holidays count. There is no grace period.
Request the hearing on time and the suspension goes on hold. You keep driving on your temporary permit until the judge rules, even if that takes months.
Do nothing and the suspension starts automatically 40 days after the notice. Day 41 is the first day you cannot legally drive. No judge reviews it. No one calls to remind you.
| When | What happens |
|---|---|
| Day of arrest | Officer takes your license and serves the Notice of Suspension. That paper is also your temporary driving permit. |
| Days 1 to 15 | Your window to request the ALR hearing from DPS. No extensions. |
| Day 16, no request | The right to a hearing is gone. |
| Day 40, no request | The suspension takes effect. Day 41 is the first full day you cannot drive. |
| After a timely request | The suspension goes on hold. DPS sets a hearing date, often weeks or months out. You keep driving. |
| Hearing day | An administrative law judge hears the case, often by phone or video. DPS must prove every element. |
| After the ruling | Win: no suspension. Lose: the suspension starts, and an occupational license becomes the next move. |
How to request the hearing
You request the hearing from DPS, not from the criminal court. DPS accepts requests online through its website, by phone, or in writing by mail or fax. The request must include your identifying information, your driver's license number, and the details from your Notice of Suspension.
Three practical rules:
- Count every day. The 15 days include weekends and holidays. Do not wait for day 14.
- Keep proof. Save the online confirmation, the fax receipt, or the certified mail slip. If DPS claims it never got your request, that proof is your license.
- Request it even if the case looks hopeless. The hearing has value beyond winning, which we explain below.
If a lawyer is already on the case, the lawyer requests the hearing for you and demands the evidence DPS plans to use at the same time.
Arrested in the last 15 days?
The clock is running right now. Tell us what happened and we can request the hearing, demand the State's evidence, and protect your license while the case gets worked.
What DPS has to prove
The ALR hearing is not a formality. DPS carries the burden of proof, and the judge can only suspend your license if DPS proves its case by a preponderance of the evidence. That means more likely than not.
In a refusal case, DPS must prove all of the following:
- The officer had reasonable suspicion to stop you or probable cause to arrest you.
- Probable cause existed that you were operating a motor vehicle in a public place while intoxicated.
- You were placed under arrest and asked for a specimen after the required statutory warning.
- You refused the test.
In a failed-test case, DPS must prove the stop or arrest was lawful and that your result was 0.08 or more while you were operating a vehicle in a public place.
If DPS misses any required element, the judge denies the suspension and you keep your license. A stop with no lawful basis, a warning that was never read, or a refusal that was not really a refusal can each sink the State's case.
How long the suspension lasts
The length depends on what happened at the arrest and on your history:
- Failed test, first offense: 90 days.
- Refusal, first offense: 180 days under Tex. Transp. Code §724.035.
- Prior alcohol-related contacts within 10 years: the periods get longer, up to one year for a failed test and up to two years for a refusal.
Notice the gap. Refusing the test doubles the suspension compared to failing it. Whether refusing was still the smarter move depends on the rest of the case. We break down that decision in what happens if you refuse a breathalyzer in Texas.
Why lawyers request the hearing even in hard cases
Some ALR hearings are uphill. The video is bad, the paperwork is clean, and the refusal is on camera. Defense lawyers request the hearing anyway, and here is why.
The ALR hearing is usually the only chance to question the arresting officer under oath before the criminal trial. Your lawyer can subpoena the officer and cross-examine him months before any prosecutor has prepared him for trial. Every answer goes into a transcript.
That transcript locks in the State's story early. If the officer later adds details, shifts the timeline, or contradicts his own report, the transcript is sitting there waiting. It becomes the cross-examination roadmap for the motions and trial strategies in our Texas DWI defense guide.
There are two more benefits. The hearing forces DPS to show its evidence early, which speeds up the defense investigation. And if a properly subpoenaed officer fails to appear, the judge can toss the suspension entirely.
So even a losing hearing buys sworn testimony, early discovery, and a chance at a no-show win. That trade is almost always worth making.
If you lose: the occupational license
A lost hearing or a missed deadline does not have to mean you stop driving completely. Texas courts can grant an occupational license, sometimes called an essential need license, under Chapter 521 of the Transportation Code.
An occupational license lets you drive for specific purposes: work, school, and essential household duties. It comes with conditions. You will need proof of SR-22 insurance, a court order, and filing fees, and the order can limit your hours and routes.
The smart move is to plan for it before the suspension starts, so there is little or no gap in your ability to get to work. Handling the ALR hearing, the criminal case, and the occupational license as one plan is the core of serious DWI defense. Peter Barrett has handled these cases since 1994 and focuses his practice on criminal defense.
- The 15-day clock starts the day you receive the Notice of Suspension, usually the day of arrest.
- A timely request pauses the suspension. You keep driving until the judge rules.
- DPS carries the burden of proof. If any required element fails, you keep your license.
- Request the hearing even in a hard case. The sworn testimony pays off in the criminal defense.
- If the suspension hits, an occupational license can keep you driving to work and school.
Frequently asked questions
What is an ALR hearing in Texas?
An ALR hearing is a civil case run through the Texas Department of Public Safety that decides whether your driver's license gets suspended after a DWI arrest. It is separate from your criminal case. It is triggered when you refuse a breath or blood test or fail one with a result of 0.08 or more.
How do I request an ALR hearing?
Request it from DPS within 15 days of receiving your Notice of Suspension, which is usually the day of arrest. You can request online through the DPS website, by phone, or in writing by mail or fax. Keep proof of the request.
What happens if I miss the 15-day deadline?
Your right to a hearing is gone and the suspension becomes automatic. It starts 40 days after the notice. At that point an occupational license is usually the only way to keep driving legally.
Can you win an ALR hearing?
Yes. If DPS cannot prove every required element, such as a lawful stop or a valid refusal, the judge denies the suspension. Even when the hearing is lost, the officer's sworn testimony often helps the criminal defense. Every case is different. Past results do not guarantee future outcomes.
Does winning the ALR hearing end my DWI case?
No. The ALR case only decides your license. The criminal DWI charge continues separately, and winning or losing the hearing does not decide that case.
This guide is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. If you are facing charges, speak with a licensed Texas criminal defense attorney about your specific facts. Was your arrest in Dallas County? Request a free case review.