Your Driver’s License After a DWI Arrest
The ALR Hearing
A DWI arrest starts two separate cases. One is the criminal charge. The other is about your driver’s license, and it moves faster. Through a process called Administrative License Revocation (ALR), the Texas Department of Public Safety can suspend your license whether or not you are ever convicted. You have a short window to ask for a hearing.
The deadline: 15 days
To challenge the suspension, a hearing must be requested within 15 days. When that clock starts depends on what happened at the arrest:
- If you refused a breath or blood test, or took a breath test that showed 0.08 or higher, notice is usually given at the arrest. The 15 days generally run from that date.
- If you gave a blood sample and the results came back later, DPS sends the notice by mail after the results arrive. The time runs from that notice, which can be weeks after the arrest.
If no hearing is requested in time, the request is denied and the suspension takes effect automatically, usually about 40 days after notice. A late request can’t be fixed afterward, which is why this is the first thing to address after an arrest.
How long a suspension can last
For drivers 21 and older, the length depends on whether you refused or failed the test, and on your record over the 10 years before the arrest. Drivers under 21 face different rules.
| Reason for the Suspension | First Suspension | Suspension Length with a prior suspension in the last 10 years |
|---|---|---|
| Refused a blood or breath test | 180 days | Two (2) years |
| Test result of 0.08 or higher | 90 days | One (1) year |
The ALR suspension is separate from any suspension that could follow a conviction in the criminal case.
What the hearing decides
ALR hearings are held by the State Office of Administrative Hearings (SOAH) before an administrative law judge. DPS has to prove its case. The questions are narrow: whether there was reasonable suspicion to stop or probable cause to arrest, and whether you refused a test or tested at 0.08 or higher. If the judge finds DPS hasn’t proven its case, the license is not suspended.
The hearing does not decide guilt or innocence on the DWI charge. That happens in the criminal case.
More than a license hearing
The ALR hearing is about your license, but it can also be an early look at the evidence in the DWI case, sometimes before law enforcement files the case with the prosecutor. What is learned at the hearing can shape decisions in the criminal case that follows.
If you hold a professional license
For nurses, teachers, doctors, lawyers, and real estate professionals, losing the ability to drive can affect getting to work, and the DWI itself may raise questions with your licensing board. The ALR hearing, the criminal case, and any board matter run on separate timelines. They are best planned together from the start.
If your license is suspended
An occupational driver’s license may allow limited driving for work, school, and essential household duties during a suspension. Not everyone needs one, and some people decide they don’t want one. The petition is filed separately, usually in a different court, and involves a court filing fee and a separate attorney fee.
Talk with Jon O’Toole
If you were arrested recently, the first question is how many days remain to request a hearing. A consultation with Jon O’Toole covers that deadline, the hearing, and how it fits with the criminal case and any professional license you hold. Call Jon O’Toole at 214-225-6658
This page provides general information and does not constitute legal advice. Contacting O’Toole Law, PLLC does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any future case.