Administrative License Revocation in Texas

What Triggers the ALR Process

The Texas Department of Public Safety initiates an ALR proceeding when either of two conditions is met after a DWI arrest:

Refusal of chemical testing. If you refuse to submit to a breath or blood test requested by a law enforcement officer, the officer will serve you with a notice of suspension at the scene. Texas’s implied consent law means that by driving on Texas roads, you have implicitly consented to chemical testing upon a lawful DWI arrest. Refusing the test does not prevent prosecution (the officer may still obtain a warrant for a blood draw) but it does trigger an ALR suspension.

Test result of 0.08 or above. If you voluntarily submit to a breath or blood test and the result is 0.08 percent blood alcohol concentration or greater, the ALR process is initiated. For breath tests, the officer will serve you with notice at the scene. For blood tests, the officer typically does not serve notice at arrest. DPS mails the notice of suspension to the address they have on file once the laboratory result is received.

The 15-Day Deadline: How It 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 will be automatically suspended 40 days after the date on the notice of suspension (no hearing, no contest, no appeal).

Breath Test and Refusal Cases

When the officer serves the notice of suspension in person at the time of arrest (the standard procedure in breath test and refusal cases) the 15-day window begins on the date of service.

Blood Test Cases

In blood test cases, DPS mails the notice of suspension after receiving the laboratory result. The notice is presumed received on the 5th day after the date it was mailed. The 15-day window to request a hearing begins from that presumed receipt date and not from the date of the arrest and not from the date DPS mailed the notice.

Keep your address current. The DPS will mail the notice to the address on your driver’s license. If your address has changed and is not current in the DPS records, you may not receive the notice before the deadline passes and the suspension will proceed regardless. If your address has changed since your license was issued, notify DPS immediately.

What Happens at the ALR Hearing

The ALR hearing is an administrative proceeding before the State Office of Administrative Hearings (SOAH). It is not a criminal trial. The question before the administrative law judge is narrow: whether the officer had reasonable suspicion to stop the vehicle, whether the officer had probable cause to arrest the defendant for DWI, and whether the defendant either refused chemical testing or provided a specimen with a result of 0.08 or above.

Burden of proof. The DPS bears the burden of proving these elements. The defense has the opportunity to cross-examine the officer and challenge the evidence. If DPS fails to meet its burden (because the officer fails to appear, because the evidence is insufficient, or because the defense establishes that a required element is not met) the suspension is denied.

The strategic value of the ALR hearing. The ALR hearing is one of the most valuable investigative tools in a DWI defense. When the arresting officer testifies under oath at the ALR hearing, that testimony creates a transcript. If the officer’s account at the ALR hearing differs from their later testimony at the criminal trial, the transcript can be used to impeach them. The ALR hearing also allows the defense to evaluate the officer’s recollection, identify inconsistencies in the case, and begin developing the defense theory before the criminal case has advanced to the point where the prosecution is fully prepared. An attorney who uses the ALR hearing only to fight the license suspension and not to build the criminal defense is leaving significant strategic value on the table.

Suspension Lengths

First refusal: 180-day suspension.

Second or subsequent refusal: Two-year suspension.

First test failure (0.08 or above): 90-day suspension.

Second or subsequent test failure: One-year suspension.

Minors (under 21) with any detectable alcohol: Different thresholds and suspension periods apply under the minor DWI statutes.

The Occupational Driver’s License

If your license is suspended following an ALR proceeding, an occupational driver’s license may be available to allow you to drive for essential purposes (work, school, and essential household activities) during the suspension period. An occupational license requires a court order and has conditions that must be strictly followed. Violating the terms of an occupational license can result in additional suspension and criminal penalties.

Speak With Deandra Grant Law About Your ALR Hearing

The 15-day deadline to request your ALR hearing starts running from the moment the notice of suspension is received or presumed received. Every day that passes without requesting the hearing is a day closer to automatic suspension. Deandra Grant Law handles ALR hearings across North and Central Texas and uses each hearing as an integral part of the overall DWI defense strategy.

Call (214) 225-7117 immediately. The deadline is already running.