Why Acting Fast Can Save Your Driver’s License — And Why You Need Attorney Eric J. Benavides on Your Side
When someone is arrested for Driving While Intoxicated (DWI) in Houston or anywhere in Harris County, the first and most immediate threat they face often isn’t from the criminal case itself — it’s from the automatic driver’s license suspension that follows the arrest. This suspension doesn’t come from the criminal courts. Instead, it comes from a separate civil process known as the Administrative License Revocation hearing, better known simply as the ALR Hearing.
For many people arrested for DWI in Texas, the ALR process is confusing. Some people don’t even realize they have the right to a hearing. Others miss the strict deadline to request it. And almost every driver misunderstands how important this hearing is — not just for saving their license, but also for helping their actual DWI criminal case.
This comprehensive article breaks down everything you need to know about ALR Hearings in Texas, what happens during the process, why these hearings are so important, and how Houston DWI attorney Eric J. Benavides uses the ALR process to protect his clients.
1. What Is an ALR Hearing?
An ALR Hearing is a civil administrative proceeding run by the Texas Department of Public Safety (DPS) and the State Office of Administrative Hearings (SOAH). Unlike your criminal DWI case, which takes place in a Harris County criminal court, the ALR process is handled by an administrative law judge (ALJ).
The hearing focuses exclusively on whether your driver’s license should be suspended because:
- You failed a breath or blood test (0.08 or higher), or
- You refused to provide a sample.
No guilt or innocence is determined in this hearing. This is not your criminal trial. However — and this is important — the ALR hearing can dramatically influence your criminal case.
2. The 15-Day Deadline: Why Immediate Action Is Critical
When you are arrested for DWI in Houston, the officer usually takes your driver's license and hands you a DIC-25 “Notice of Suspension”. This paper is temporary proof that you can continue driving for 40 days, but it also warns you that:
You only have 15 days to request an ALR Hearing.
If you fail to request the hearing within that 15-day window:
- Your license will be automatically suspended, and
- You lose all rights to challenge the suspension.
This is one of the biggest mistakes people make after a DWI arrest.
Many people set the notice aside, unsure of what it means, and by the time they realize the importance of the ALR Hearing, the deadline has passed. Even worse, some people choose attorneys who do not fully understand how to use the ALR process strategically.
Houston DWI attorney Eric J. Benavides requests the ALR hearing immediately, preserves your right to fight the suspension, and uses the process to gain valuable information that will help defend your case.
3. Why the ALR Hearing Matters for Your DWI Case
Many people wrongly assume that the ALR hearing is “no big deal.” That is absolutely not the case. In reality, the ALR process can be one of the most powerful tools to defend your DWI charge.
Here’s why the ALR process matters so much:
A. The ALR Hearing Allows Your Attorney to Subpoena the Arresting Officer
In most Harris County DWI cases, it can take months before the prosecution provides full evidence. But at the ALR hearing, your attorney has the right to:
- Subpoena the arresting officer,
- Question the officer under oath,
- Obtain early testimony about the stop, investigation, field sobriety tests, and arrest.
This is often the first and sometimes the only time the officer is forced to answer detailed questions before trial.
This testimony becomes a critical resource, because if the officer later changes their story in the criminal case, the ALR transcript can be used to attack their credibility.
Few lawyers in Houston truly understand how to maximize this opportunity.
Attorney Eric J. Benavides is well known for using the ALR process as a strategic advantage, not just a formality.
B. Your License Is at Risk — Losing It Can Be Devastating
If you lose the ALR hearing, your license can be suspended for:
- 90 days for failing a test (first offense)
- 180 days for refusing a test (first offense)
- Much longer for repeat offenders
Losing your license can affect:
- Your job
- Your family responsibilities
- Your ability to care for children
- Your freedom to travel
- Your daily life
The ALR hearing is the only chance to fight this immediate suspension.
C. Winning the ALR Hearing Strengthens Your Criminal Case
When DPS cannot prove the stop or arrest was legal, they cannot suspend your license. And if they cannot meet this burden at the ALR stage, it usually means the prosecution’s case in criminal court is also weak.
Often:
If you win the ALR hearing, your criminal DWI case is significantly easier to fight.
D. Even If You Lose the ALR Hearing, the Testimony Helps You
Even if the administrative judge sides with DPS, the testimony from the hearing is invaluable and can reveal weaknesses in:
- The traffic stop
- The field sobriety tests
- The breath or blood testing
- The officer’s report
- The reason for arrest
This information is often the difference between a conviction and a dismissal.
4. What DPS Must Prove at an ALR Hearing
The burden of proof is completely different from a criminal DWI trial. DPS must prove specific legal elements depending on whether you failed or refused the test.
If You Failed the Breath or Blood Test
DPS must show:
- You had a BAC of 0.08 or higher while driving or operating a motor vehicle.
- The officer had reasonable suspicion or probable cause to stop and arrest you.
- The breath or blood test was conducted properly.
If You Refused the Test
DPS must prove:
- You were lawfully arrested for DWI.
- You were read the statutory warnings.
- You refused to provide a breath or blood sample.
Why These Elements Are So Important
If DPS cannot prove any one of these elements, you win the ALR hearing — and this often signals a strong defense in your criminal case as well.
5. How Attorney Eric J. Benavides Uses the ALR Hearing to Defend You
The ALR process is not something you want handled by a lawyer who does not regularly defend DWI cases. Attorney Eric J. Benavides has handled thousands of DWI cases in Houston and throughout Harris County, and he understands exactly how to use ALR hearings as a strategic weapon.
Here is what he does during the ALR process:
A. Immediate Filing of the ALR Request
The first step is to protect your right to a hearing. Eric files the request immediately to ensure DPS cannot suspend your license without a fight.
B. Subpoenaing the Officer
Eric aggressively subpoenas the arresting officer whenever possible, forcing them to testify under oath.
This is a critical part of his strategy because:
- Officers often forget details from the night of the arrest.
- Many officers do not prepare for the ALR hearing as thoroughly as they prepare for a criminal trial.
- The testimony creates locked-in answers that can later be used to dismantle the prosecution’s case.
C. Cross-Examining the Officer
Eric’s cross-examination often reveals:
- Improper traffic stops
- Misuse of field sobriety tests
- Inconsistent or poorly written police reports
- Violations of constitutional rights
- Mistakes in breath or blood testing procedures
- Lack of proper DWI training
- Failure to follow required protocols
Each of these issues can be used to attack the reliability of the state’s case.
D. Gathering Evidence Early
The ALR hearing forces DPS and the officer to reveal information that might not be available for months in the criminal case.
This includes:
- DWI testing logs
- Breathalyzer maintenance and calibration records
- Officer training certifications
- Written reports and supplements
Obtaining this evidence early means Eric can begin building your defense immediately.
E. Using ALR Testimony Against the State Later
In criminal court, prosecutors often rely heavily on the officer’s testimony.
But if the officer said something different during the ALR hearing, Eric can use that inconsistency to:
- Suppress evidence
- Reduce charges
- Challenge the arrest
- Seek dismissal
- Win at trial
This is why ALR hearings are one of the most powerful tools in DWI defense — but only when they are used correctly.
6. What Happens at an ALR Hearing? Step-by-Step Explanation
Many people feel nervous about the ALR hearing because they don’t know what to expect. But with the right attorney, the process is straightforward.
Step 1: Request the Hearing
This must be done within 15 days of your arrest.
Step 2: DPS Files Its Evidence
DPS will submit:
- The police report
- Breath or blood test results
- Statutory warning forms
- Arrest records
- Any other supporting documents
Your attorney will receive copies of these materials.
Step 3: Officer Subpoena (If Applicable)
Eric will subpoena the officer when advantageous.
If the officer fails to appear, the case may be dismissed.
Step 4: The Actual Hearing
The hearing is typically held at a SOAH office or via Zoom.
Parties in attendance include:
- The judge
- DPS attorney
- Your defense attorney
- The arresting officer (if subpoenaed)
You typically do not have to testify unless strategically important.
Step 5: Presentation of Evidence
DPS presents its case first. This includes:
- Officer testimony
- Written documents
- Reports
- Blood or breath results
Your attorney then cross-examines the officer and challenges the evidence.
Step 6: Closing Arguments
Your attorney summarizes why DPS failed to meet its burden.
Step 7: The Decision
The judge will either:
- Suspend your license, or
- Dismiss the suspension
The decision may be immediate or mailed in several days.
7. What If You Lose the ALR Hearing?
Even if DPS suspends your license, you may still qualify for an Occupational Driver’s License (ODL). This special license allows you to use your license as you normally would. However, most judges now require an interlock device in your vehicle due to changes in the law. Eric will help you petition for an ODL quickly if necessary.
Remember:
Losing the ALR hearing does NOT mean you will lose your criminal DWI case.
The burden of proof in criminal court is much higher.
8. What If You Win the ALR Hearing?
Winning the ALR hearing is extremely valuable.
It means:
- Your license is protected
- DPS had insufficient evidence
- The officer likely made mistakes
- Your criminal DWI case is now significantly stronger
A win at ALR puts the State on the defensive and often leads to:
- Dismissals
- Reduced charges
- Better plea offers
- Suppression of key evidence
It tells the prosecutors that your attorney is prepared and they must work harder if they want a conviction.
9. How ALR Hearings Relate to Blood and Breath Tests
The ALR process varies depending on whether you:
- Refused the test, or
- Provided a sample
Here’s what you need to know:
Refusal Cases
A refusal leads to a longer driver’s license suspension but often gives your attorney more room to challenge the legality of the arrest.
Failure Cases
If your BAC was 0.08 or higher, DPS will attempt to suspend your license for failing the test. These hearings typically involve scientific issues such as:
- Machine calibration
- Chain of custody
- Sample handling
- Contamination
- Retrograde extrapolation
Eric understands how to attack these issues effectively.
10. Myths and Misconceptions About ALR Hearings
Myth #1: The ALR Hearing Is Not Important
Truth: It may be the most important part of your early defense.
Myth #2: You Cannot Win an ALR Hearing
Truth: Skilled DWI lawyers win ALR hearings regularly.
Myth #3: The ALR Hearing Does Not Affect the Criminal Case
Truth: ALR testimony can make or break your case.
Myth #4: You Don’t Need a Lawyer for the ALR Process
Truth: Attempting to represent yourself here is a massive mistake.
11. Why You Should Hire Attorney Eric J. Benavides
Few attorneys in Houston understand the ALR process as well as Eric J. Benavides. He incorporates the ALR hearing into a larger defense strategy designed to:
- Protect your license
- Strengthen your criminal case
- Expose police mistakes early
- Fight for dismissals
- Challenge the science behind breath and blood tests
- Present a comprehensive defense
Eric is known for:
- His command of Texas DWI law
- His aggressive cross-examination skills
- His ability to get cases dismissed
- His professionalism and communication with clients
Your DWI defense begins the moment you hire him, not months later in court.
12. What You Should Do Immediately After a DWI Arrest
If you or someone you know has been arrested for DWI in Houston or Harris County:
- Contact a DWI lawyer immediately
- Do NOT miss the 15-day ALR deadline
- Gather your paperwork, including the DIC-25 notice
- Make note of the details of your stop and arrest
- Do not assume the evidence against you is strong
The sooner you contact Eric, the better your chances.
13. Final Thoughts: ALR Hearings Can Make or Break Your DWI Case
The ALR process is one of the most misunderstood parts of a DWI arrest in Texas. It is not optional. It is not insignificant. It is not something to ignore.
It is your first and best opportunity to fight back.
Attorney Eric J. Benavides treats ALR hearings as a critical part of every DWI case. He knows how to use them to protect your license, expose police errors, and set the stage for a strong defense in criminal court.
If you’ve been arrested for DWI in Houston or anywhere in Harris County, you need an attorney who understands the full scope of the process — including ALR hearings.
Contact Attorney Eric J. Benavides Today
If you are facing a DWI charge or need to request an ALR hearing, call:
(713) 222-2828
Don’t wait.
Don’t miss the 15-day deadline.
Don’t risk your license or your future.
Attorney Eric J. Benavides is ready to fight for you.