Overview

After a Texas DWI arrest, you have 15 days from the date you receive the notice of suspension to request an ALR hearing. Miss it, and your driver’s license is suspended automatically around the 40th day after the notice, with no hearing and no contest.

Request the hearing in time, and your suspension is put on hold until the hearing is decided, so you keep driving in the meantime. The 15-day clock runs separately from the criminal case, it does not wait for it, and it is the most time-sensitive thing that happens after a DWI arrest.

The most time-sensitive fact after a DWI arrest

A DWI arrest triggers two separate cases that run on parallel tracks. The criminal case decides whether you are convicted. The Administrative License Revocation case, handled by the Texas Department of Public Safety, decides whether your license is suspended, and it runs on its own timeline with its own deadline. That deadline is the earliest and strictest in the entire process, and missing it costs you your license regardless of what happens in the criminal case.

 

How the 15-day deadline works

You have 15 days from receipt of the notice of suspension to request an ALR hearing. The request must be made to DPS, by phone or in writing, within that window. If you do not request a hearing within 15 days, your license is automatically suspended 40 days after the date on the notice of suspension, with no hearing, no contest, and no appeal.

When you do request the hearing in time, the suspension is put on hold until the hearing is decided. That means you keep driving while the case is pending, and you preserve the chance to defeat the suspension and to put the arresting officer under oath.

 

When the clock starts: it depends on your case

The notice of suspension is delivered differently depending on whether your case is a breath test, a refusal, or a blood test, and that changes when the 15 days begin.

Breath test failure and breath or blood refusal cases. The officer hands you the notice of suspension in person at the time of arrest. The 15-day window begins on the date of that service, the day of your arrest.

Blood test consent cases. The officer does not serve notice at arrest, because the lab result is not back yet. After DPS receives the laboratory result, it mails the notice of suspension to the address on file. The notice is presumed received on the fifth day after it is mailed, and the 15-day window runs from that presumed receipt date, not from the date of the arrest and not from the date DPS mailed it.

 

Keep your address current with DPS

Because DPS mails the notice to the address on your driver’s license, an out-of-date address is a trap. If you have moved and your address is not current in DPS records, you may never receive the notice before the deadline passes, and the suspension will proceed anyway. If your address has changed since your license was issued, update it with DPS right away. See what to do after a DWI arrest.

 

Requesting the hearing keeps you driving longer than 40 days

Here is the part people miss: requesting the hearing on time does more than pause the automatic suspension. It keeps your license valid all the way until the hearing is actually held, and ALR hearings are usually scheduled weeks or even months out. So instead of losing your license around day 40, you keep driving through the entire wait. Your lawyer can also use a one-time reset to move the hearing date if needed. It helps to keep a copy of the hearing request, and any reset order, with you while you drive, as proof your case is pending.

 

What you give up if you miss it

Missing the 15-day deadline is one of the most common and most costly mistakes after a DWI arrest. You lose more than the automatic-suspension fight. You also lose the early, sworn cross-examination of the arresting officer that the ALR hearing provides, which is often the foundation of the criminal defense. The criminal case is not directly affected by missing the deadline, but the strategic opportunity is gone. Explore your DWI defenses.

 

How Deandra Grant Law protects the deadline

When the firm takes a DWI case, requesting the ALR hearing within the 15-day window is one of the first things handled, alongside the criminal defense. Managing Partner Deandra Grant has handled ALR matters across North and Central Texas for more than 30 years, and the firm makes sure this deadline is met before it quietly expires.

 

Frequently Asked Questions

How long do I have to request an ALR hearing in Texas?

You have 15 days from receipt of the notice of suspension. If you do not request a hearing within that window, your license is suspended automatically around the 40th day after the notice.

When does the 15-day clock start?

In breath-test failure and breath or blood refusal cases, on the day the officer hands you the notice at arrest. In blood-test consent cases, the notice is mailed and presumed received on the fifth day after mailing, and the 15 days run from that date.

What happens if I miss the 15-day deadline?

Your license is suspended automatically, with no hearing and no contest, around the 40th day after the notice. You also lose the early chance to put the officer under oath.

Does requesting the hearing let me keep driving?

Yes. Requesting the hearing within 15 days puts the suspension on hold until the hearing is decided, so you keep driving while the case is pending.

Is the deadline really only 10 days for blood tests?

No. The 15-day window applies in all cases. For mailed blood-test notices, the notice is presumed received on the fifth day after mailing, and the 15 days run from that presumed receipt date.

What if I moved and never got the notice?

DPS mails the notice to the address on your license, so if your address is out of date you may miss it and be suspended anyway. Keep your address current with DPS.

Do I keep my license while I wait for the ALR hearing?

Yes. As long as you request the hearing within 15 days, your license stays valid until the hearing is decided, which is usually weeks or months away, not just the first 40 days. Keep proof of your hearing request with you while driving.

 

The Clock Is Already Running. Do Not Wait.

You have just 15 days to protect your license after a DWI arrest, and the deadline does not pause for anything. Deandra Grant Law can request your ALR hearing today. Call (214) 225-7117 for a free, confidential consultation.

 

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The Texas ALR Hearing: What It Is, What’s at Stake, and Why the 15-Day Deadline Is Not Negotiable

The Texas ALR Hearing: What It Is, What’s at Stake, and Why the 15-Day Deadline Is Not Negotiable

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