Texas DWI License Suspension and ALR Hearings

The license side of a DWI moves first

Most people focus on the criminal case and do not realize their license is on a faster timer. A DWI arrest begins two separate cases at once: the criminal case in court, and the civil ALR case against your license. The license case has the earliest and strictest deadline of the entire process. Handling it correctly can keep you on the road and can open an early window into the state’s evidence.

The ALR hearing

An ALR hearing is a civil hearing where you challenge the suspension of your driver license. It is run by DPS and decided by an administrative law judge, separate from your criminal case. DPS has to prove specific things by a preponderance of the evidence, a lower standard than the criminal case, and if DPS or the officer fails to appear or falls short on any element, the suspension is denied. It is also a discovery opportunity: your lawyer can subpoena the arresting officer and lock in sworn testimony that can later be used to impeach them at trial. See the ALR hearing.

The 15-day rule

You have 15 days from the date you receive notice of suspension, usually the day of your arrest, to request an ALR hearing. If you request the hearing within 15 days, your suspension is put on hold until the hearing is decided, so you keep driving. If you miss the 15 days, no hearing is held and your suspension starts automatically, often around the 40th day after notice. In breath-test and refusal cases the notice is handed to you at arrest; in blood-test cases DPS usually mails it after the lab result and it is presumed received on the fifth day after mailing. See the 15-day rule.

How long your license is suspended

The length depends on whether you failed a test or refused one, and on whether you have a prior alcohol-related contact within the past ten years. General ranges: about 90 days for a failed test with no prior; about 1 year for a failed test with a prior; about 180 days for a first refusal; and about 2 years for a refusal with a prior. These ALR suspensions are separate from any suspension that can follow a conviction. See license suspension length.

The occupational driver’s license

A suspension does not always mean you cannot drive. An occupational driver license (ODL) is a restricted license that lets you legally drive for essential needs such as work, school, and household responsibilities during a suspension. It is obtained by filing a petition, usually requires SR-22 insurance, and a court order sets the hours and purposes you may drive. Since 2015, Texas has had two types, an essential-need ODL and an interlock (DLD) ODL, and the interlock version avoids the waiting periods that apply to the essential-need ODL for drivers with a prior. See the occupational driver’s license.

SR-22 insurance

SR-22 is not a type of insurance. It is a certificate your insurer files with the state to prove you carry at least the required liability coverage. After a DWI, you generally need an SR-22 to get an occupational license and to reinstate your license, and you usually must keep it in place for about two years. Because it flags you as a higher-risk driver, it typically raises your premiums. See SR-22 insurance.

Getting your license back

Reinstatement is the final step. After your suspension period ends, you generally need to pay a reinstatement fee, have an SR-22 on file, and satisfy any other conditions tied to your case. Knowing the exact steps avoids paying for a longer suspension than the law requires. See license reinstatement.

Frequently Asked Questions

What is an ALR hearing in Texas?

It is a civil hearing run by DPS where you challenge the suspension of your driver license, separate from your criminal case.

How long do I have to request an ALR hearing?

You have 15 days from your arrest to request the hearing, or your suspension begins automatically.

How long will my license be suspended after a DWI?

It depends on your test result and record, commonly 90 days for a first failed test and up to two years for a refusal with a prior.

Can I still drive after a DWI suspension?

Often yes, with an occupational driver license that allows driving for work, school, and essential needs.

What is SR-22 insurance and do I need it?

SR-22 is a certificate proving you carry required coverage, and it is usually needed for an occupational license and to reinstate.

How do I get my license back after a DWI?

You complete the suspension, pay a reinstatement fee, and keep an SR-22 on file, plus any other conditions.

Is the ALR case the same as my criminal DWI case?

No. The ALR case is civil and decides your license, while the criminal case decides guilt and punishment, though they are connected.

The Clock on Your License Is Already Running.

You have just 15 days to protect your license after a DWI arrest. Get a free, confidential review and let us request your ALR hearing today. Deandra Grant Law serves Dallas, Fort Worth, North Texas, and Waco. Call (214) 225-7117.

Explore ALR & License Topics

• The ALR Hearing — What the hearing is, what the state must prove, and why it matters.
• The 15-Day Rule — The deadline to request a hearing and what happens if you miss it.
• License Suspension Length — How long your license is suspended, by test result and record.
• Occupational Driver’s License — How to keep driving for work and essentials during a suspension.
• SR-22 Insurance — What SR-22 is, when you need it, and how long it lasts.
• License Reinstatement — The steps and fees to get your license back.