Firm Accolades
Better Business Bureaus
D Magazine
What an ALR Hearing Is 
The ALR process is a civil proceeding run by the Texas Department of Public Safety that decides whether DPS can suspend your Texas driver’s license based on a DWI arrest, a test refusal, or a test result at or above 0.08. It is separate from the criminal DWI case and follows its own rules, deadlines, and evidentiary standards. You can win the ALR hearing and still face the criminal charge, or lose the ALR and still beat the criminal case. The two tracks are related but not the same.
The 15-Day Deadline and How to Request a Hearing
Time matters. You usually have 15 days from the date you received the Notice of Suspension to request an ALR hearing. Miss the deadline and the suspension will begin automatically. A defense team can file your request, confirm receipt with DPS, and track the hearing date so you do not miss critical mailings. Many clients first learn about the ALR deadline in the paperwork handed to them at booking.What Gets Decided at the Hearing
An Administrative Law Judge decides these core questions:- Did the officer have reasonable suspicion for the stop and probable cause for the arrest? • Were you properly informed of the consequences of refusing or failing a test? • Did you refuse testing, or did a breath or blood test lawfully show a result of 0.08 or higher? • Were DPS documents and lab results properly admitted?
Managing Partner
Partner & Criminal Division Chief
Criminal Trial Division
Criminal Trial Division
Associate Attorney
Of Counsel
Who Attends and Where It Happens
ALR hearings are commonly held by Zoom or in person at a State Office of Administrative Hearings location. The Administrative Law Judge presides. A DPS lawyer presents the state’s case. Your lawyer represents you. Officers can be subpoenaed to testify. Scheduling officers to appear and preparing focused questions are often decisive parts of the defense strategy.The Paperwork: Discovery and Exhibits
Before the hearing, DPS serves a packet with the officer’s sworn report, statutory warnings, breath-test records or blood-draw paperwork, and any lab printouts. Your lawyer reviews each page line by line. Look for gaps such as missing statutory warnings, machine maintenance issues, chain-of-custody problems, time gaps between driving and testing, and inconsistencies between the narrative and video.Live Testimony vs. Paper Records
Many ALR cases are won on the papers because DPS must meet its burden even if an officer does not appear. When an officer does testify, cross-examination can surface key facts:- Unclear lane position or lighting that undermines reasonable suspicion for the stop • Medical, footwear, or surface issues that explain field-sobriety performance • Radio or body cam timing that shows long delays before testing • Uncertainty about whether the statutory warnings were given verbatim
How the Judge Rules
The Administrative Law Judge issues a written decision. If DPS meets its burden, the suspension starts on a specific date. If DPS falls short, your license stays valid. Either side can seek a rehearing or judicial review, though most cases end at the SOAH decision.Typical Suspension Lengths and Why They Vary
Length depends on whether this is an alleged refusal or failure and on prior contacts. Refusals usually carry longer periods than test failures. Commercial drivers and drivers under 21 face different rules. Ask your lawyer to translate the numbers to your situation and calendar the dates so you know when eligibility for early relief begins.
"Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."
- N. Coulter
"Deandra Grant Law – Criminal & DWI Defense fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."
- P. Williams
"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- M. Haley
Occupational Driver’s License if You Lose
If a suspension is ordered, your lawyer can help you seek an Occupational Driver’s License that lets you drive for work, school, and essential household duties. The petition, evidence of insurance, and a proposed order must meet the local court’s requirements. When granted, you will receive detailed driving terms. Understanding those limits matters as much as getting the order itself.How the ALR Record Helps the Criminal DWI Case
The ALR hearing is often the first chance to question the arresting officer under oath. That testimony becomes a transcript that can be used later in the criminal case to challenge the stop, arrest, or testing. A strong cross at ALR can reveal issues like:- Dash or body cam that contradicts the written narrative • Field-sobriety instructions that were shortened or not standardized • A breath test started too soon after drinking or burping • A blood draw kit or label mismatch
Key Points About Refusals and Tests Texas implied consent rules apply once an officer has probable cause. Refusing can trigger a suspension even if you are never convicted of DWI. Agreeing to a test may trigger a suspension if the number is 0.08 or higher. The choice is personal and fact specific. To learn how implied consent plays into your case, read our overview.
What To Expect On the Day of the Hearing
- Arrive early or log in a few minutes ahead. Dress neatly. • Bring a government ID and any paperwork your lawyer requested. • Expect the judge to run through appearances and then move to exhibits and testimony. • Your lawyer will object to improper documents, question the officer, and make closing points tied to the legal elements. • Many rulings are taken under advisement, with a written decision arriving by mail or email.
Related Videos
Biggest Mistakes of a DWI Charge
Choosing a Personal Injury Attorney
If You Win the ALR Hearing
DPS does not suspend your license based on that arrest record. Keep the decision with you and confirm that your driving record reflects the outcome. Your criminal case continues, and the ALR transcript may already have given the defense useful leverage. For what the court process looks like across the broader DWI timeline.If You Lose the ALR Hearing
Your lawyer will advise whether to seek a rehearing or judicial review. Many clients instead pivot to an Occupational Driver’s License to preserve work and family commitments. You must carry SR-22 insurance during the suspension. Keep proof of coverage in the vehicle and follow all court-ordered driving terms.Case Results
How a Defense Lawyer Builds Your ALR Strategy
Preparation starts as soon as you contact the firm. The defense team:- Files your hearing request within the 15-day window
• Demands discovery and videos early
• Subpoenas the right witnesses and prepares cross-examination tailored to the facts
• Challenges the admissibility of breath or blood evidence
• Uses the ALR record to strengthen the criminal DWI defense
Internal Resources You Can Read Next
- Drivers license consequences after a Texas DWI arrest
- What happens if you refuse a breath test
- What happens at an ALR hearing in a Texas DWI case