You're sitting in a Harris County jail cell at 3 a.m., and an officer hands you a temporary driving permit with fine print you can barely read. Somewhere in that blur of paperwork is a deadline that matters more than anything else right now: 15 days to request an Administrative License Revocation hearing, or your license suspends automatically on day 40.
Most people arrested for DWI in Texas don't realize they're fighting two separate battles. One is the criminal DWI case in court. The other is a civil administrative fight with the Texas Department of Public Safety over whether you get to keep driving. The second battle starts the moment you're arrested, and the clock doesn't wait for you to figure it out.
If you've been arrested for DWI in Houston or anywhere in Harris County, contact Benavides Law Group's DWI defense attorney for a free, confidential consultation. Se habla Español.
Key Takeaways About Texas ALR Hearings
- You have exactly 15 days from your arrest date to request an ALR hearing, or your license suspends automatically on the 40th day with no appeal
- ALR hearings are civil administrative proceedings run by the State Office of Administrative Hearings (SOAH), completely separate from your criminal DWI case
- DPS must prove reasonable suspicion for the stop, probable cause for arrest, and that you refused or failed a chemical test—if the officer doesn't show up, you win by default
- Suspension periods range from 60 days to 2 years depending on whether you refused or failed the test, your age, prior DWI history, and whether you hold a CDL
- Even if you lose the ALR hearing, you may qualify for an occupational driver's license (ODL) to drive for work, school, or essential needs during the suspension
What Is an ALR Hearing in Texas?
An Administrative License Revocation hearing is a civil proceeding where the Texas Department of Public Safety (DPS) tries to suspend your driver's license after a DWI or BWI arrest. It's not a criminal trial. You're not fighting whether you're guilty of DWI. Instead, you're fighting whether the state can take your license before your criminal case even goes to court.
ALR hearings exist because Texas law allows DPS to suspend licenses administratively if you refuse a breath or blood test or if your test results show a blood alcohol concentration of 0.08 or higher (0.04 or higher for commercial drivers).
The process is governed by Texas Transportation Code Chapter 524 and handled by administrative law judges through SOAH. These judges hear cases remotely, often by Zoom or videoconference, and apply a lower burden of proof than criminal courts use.
What's the 15-Day Deadline to Request an ALR Hearing?
When you're arrested for DWI, the officer confiscates your driver's license and issues a Notice of Suspension and Temporary Driving Permit valid for 40 days. The notice explains that you have 15 days from the date of arrest to request an ALR hearing.
If you request the hearing within 15 days, your license stays valid until the hearing happens and the judge issues a decision. If you don't request the hearing within 15 days, your license suspends automatically on the 40th day, and there's no appeal, no second chance, and no hearing.
If you hire an attorney after the 15-day window closes, there's nothing they can do to undo the suspension. This is the one deadline in the DWI process that matters more than any court date.
How to Request an ALR Hearing in Texas: Step-by-Step
If you're within the 15-day window and haven't hired an attorney yet, request the hearing yourself immediately. Here's how:
Three Ways to Request Your Hearing
There are three options available for you to request a hearing:
- Online request: Visit the Texas DPS ALR hearing request page and submit your request electronically. You'll need your driver's license number, date of birth, and arrest details from your temporary permit.
- By phone: Call 1-800-394-9913 and speak with a DPS representative. Have your temporary permit in front of you when you call.
- Always request "in-person": Even though most hearings are now conducted by videoconference, requesting an "in-person" hearing preserves your right to subpoena the officer and require their attendance. This is critical for building your defense.
What You Need for Your Request
When making your request, you will need to provide your:
- Driver's license number (or temporary permit number if your license was confiscated)
- Date of birth
- Date of arrest
- County where you were arrested
- Arresting officer's name (if available on your paperwork)
What Happens After You Request the Hearing
After you request a hearing, the following will happen:
- Confirmation: DPS will send you written confirmation that your hearing has been requested and your license will remain valid until the hearing is held and a decision is issued.
- Hearing notice: You'll receive notice of your hearing date, time, and videoconference link, typically 2-4 weeks after your request.
- Hiring an attorney later: If you request the hearing yourself and then hire an attorney, your attorney will file a notice of representation with DPS and SOAH, receive all evidence, and take over your case. You will not need to attend the hearing if your attorney represents you.
Critical Reminder: The 15-day clock starts on your arrest date, not the day you leave jail or the day you read this. Weekends and holidays count. If you're on day 14 and unsure whether to hire an attorney first, request the hearing yourself immediately. Your attorney can take over once you hire them, but if you miss the deadline, no one can fix it.
What Does DPS Have to Prove at an ALR Hearing?
DPS must prove three things by a preponderance of the evidence:
- Reasonable suspicion for the traffic stop. The officer must articulate specific facts that justified pulling you over. Weaving within your lane, crossing the center line, speeding, or any observed traffic violation can satisfy this requirement.
- Probable cause to arrest. The officer must have had enough evidence to believe you were driving while intoxicated. This typically includes observations like the smell of alcohol, slurred speech, bloodshot eyes, poor performance on field sobriety tests, and admissions that you'd been drinking.
- Refusal or failure of a chemical test. DPS must show that you either refused to provide a breath or blood sample after being asked, or that you provided a sample and the result was 0.08 or higher (0.04 or higher if you were driving a commercial vehicle).
If DPS fails to prove any one of these three elements, you win the hearing, and your license is not suspended.
What Outcomes Can Happen at an ALR Hearing?
There are several possible outcomes of an ALR Hearing
1. Win By Default
If the arresting officer or the officer who conducted the breath or blood test fails to appear, DPS cannot present the evidence needed to prove its case. The judge dismisses the suspension, and your license stays valid. This happens more often than you'd expect.
2. Win on the Merits
If your attorney successfully challenges reasonable suspicion, probable cause, or the validity of the test, the judge may rule in your favor and dismiss the suspension. This is harder to achieve because the burden of proof is low, but it happens when officers make mistakes or fail to follow proper procedures.
3. Lose and Suspension
If DPS proves its case, the judge authorizes the suspension for the period specified by law. At that point, you can apply for an occupational driver's license if you're eligible.
4. Case Continuance
Sometimes hearings are rescheduled because the officer is unavailable or evidence is missing. Continuances delay the suspension but don't resolve the case.
Can I Subpoena or Question the Arresting Officer at the Hearing?
Yes. This is one of the most valuable parts of requesting an ALR hearing.
Before the hearing, your attorney can hire a process server to locate and subpoena the officers involved in your arrest. If the officers are properly subpoenaed and fail to appear, the case is dismissed. If they do appear, your attorney can cross-examine them under oath and ask detailed questions about the stop, the investigation, the tests, and the arrest.
This cross-examination serves two purposes. First, it tests DPS's evidence and may expose weaknesses that lead to a favorable ruling. Second, it creates a recorded transcript that can be used in your criminal DWI case. If the officer testifies one way at the ALR hearing and a different way at trial, that inconsistency can be powerful impeachment material.
If I Lose, Can I Still Get an Occupational Driver's License?
Possibly. An occupational driver's license (ODL) allows you to drive for specific purposes during a suspension period. Eligible purposes typically include driving to and from work, school, medical appointments, and essential household duties like taking children to school.
ODL eligibility and application procedures are governed by Texas Transportation Code Chapter 521, Subchapter S. Not everyone qualifies. You generally cannot obtain an ODL if your license was suspended for certain prior offenses or if you're currently serving a suspension for multiple DWI-related offenses within a short period.
To apply, you must file a petition in the county where you live or where you were arrested, pay court fees, and obtain an SR-22 certificate of financial responsibility from your insurance company. The court will hold a hearing to review your petition and determine whether to grant the ODL and under what restrictions.
Texas ALR Suspension Periods: How Long Will I Lose My License?
Suspension length depends on whether you refused or failed the test, your age, your prior DWI history, and whether you hold a commercial driver's license.
First-Time Adult Offenders (21 and Older)
Refusal: 180-day suspension
Failed test (0.08 or higher): 90-day suspension
Repeat Adult Offenders (Prior DWI-Related Suspension or Conviction Within 10 Years)
Refusal: 2-year suspension
Failed test (0.08 or higher): 1-year suspension
Minors (Under 21)
Refusal: 180-day suspension (first offense), 2-year suspension (repeat offense)
Failed test (any detectable alcohol): 60 days (first offense), 120 days (one prior DWI), 180 days (two or more prior DWIs)
Commercial Driver's License (CDL) Holders
Refusal or failed test (0.08 or higher in personal vehicle / 0.04 or higher in commercial vehicle): 1-year disqualification
Refusal or failed test while transporting hazardous materials: 3-year disqualification
CDL disqualifications are permanent marks on a commercial driving record and often result in immediate job loss.
FAQ for Texas ALR Hearings
What Happens If I Miss the 15-Day Deadline to Request an ALR Hearing?
Your license suspends automatically on the 40th day after your arrest, and there is no hearing, no appeal, and no way to challenge the suspension administratively. You may still be eligible for an occupational driver's license, but the suspension takes effect regardless.
Can I Represent Myself at an ALR Hearing?
Yes, but it's not recommended. ALR hearings involve legal procedures, evidentiary rules, and cross-examination techniques that require experience. Most people who represent themselves lose, even when they have valid defenses.
Does Winning My ALR Hearing Mean My DWI Case Is Dismissed?
No. The ALR hearing only determines whether your license is suspended. Your criminal DWI case is separate, and winning the ALR hearing does not prevent the state from prosecuting you for DWI.
Are ALR Hearings in Texas Held on Zoom?
Yes. Most ALR hearings are now conducted remotely by videoconference through SOAH's online platform. You and your attorney appear by video, the DPS attorney appears by video, and the officer may appear by video or in person.
Can I Appeal an ALR Decision?
Yes, but the appeal process is narrow and time-limited. If you lose your ALR hearing, you can appeal the decision to a Texas district court within 30 days of the judge's ruling. Most ALR appeals are unsuccessful because the burden of proof at the hearing is so low and administrative law judges have broad discretion.
The 15-Day Window Closes Faster Than You Think
You don't get to hit pause on the ALR process while you figure out your DWI case. The 15-day clock starts the moment you're arrested, and if you let it run out, you lose your license on day 40 with no hearing and no second chance.
If you've been arrested for DWI in Houston, don't wait to see what happens. Contact Benavides Law Group for a free, confidential consultation. We'll request your hearing, subpoena the officers, and fight to protect your license and your future. Se habla Español.
Related: See my video regarding ALR hearings.