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A DWI arrest in Houston sets two separate legal processes in motion simultaneously. Most people focus on the criminal charge, and understandably so. But there is a second process that can strip your driver’s license within weeks, and it runs on its own timeline with its own deadline. Miss that deadline, and you may lose your license before your criminal case even gets started.
That process is the Administrative License Revocation, or ALR, hearing. Here is what you need to know.
What Is an ALR Hearing in Texas?
Texas’s ALR program allows the state to suspend your driver’s license after a DWI arrest, separate from any criminal conviction.
The ALR program is governed by the Texas Transportation Code, Chapter 724. When you are arrested for DWI and either refuse a breath or blood test or fail one with a result of 0.08 or higher, the arresting officer confiscates your driver’s license on the spot and issues a temporary driving permit. That permit is valid for 40 days from the date of your arrest, but only if you do not request a hearing. Once a hearing is requested in a timely manner, the permit remains valid until the hearing is resolved.
The Texas Department of Public Safety (DPS) handles these cases administratively, meaning they are not criminal court proceedings. It operates independently of whatever happens in your DWI criminal case.
Why the 15-Day Deadline Is Non-Negotiable
If you do not request an ALR hearing within 15 days of your arrest, Texas will automatically suspend your license — no hearing, no appeal.
Texas Transportation Code Chapter 724 framework requires that you request a hearing within 15 days of receiving the notice of suspension, which is typically the same date as your arrest. That 15-day window is firm. If it passes without a request, your license suspension takes effect automatically when the 40-day temporary permit expires.
Suspension periods vary depending on your situation:
- First-time refusal to provide a specimen: 180-day suspension
- First-time failure (BAC of 0.08 or higher): 90-day suspension
- Second or subsequent offenses carry longer suspensions under Texas Transportation Code Section 724.035 based on prior alcohol-related contacts within 10 years.
Requesting a hearing does not guarantee you will keep your license. But it buys you time, creates an opportunity to challenge the suspension, and gives your attorney a chance to examine the state’s evidence before your criminal trial begins.
What Happens at the ALR Hearing?
An ALR hearing is an administrative proceeding in which DPS must prove that the stop and arrest were lawful and that the test result or refusal occurred.
The hearing takes place before an administrative law judge (ALJ) assigned by the State Office of Administrative Hearings (SOAH). The burden falls on DPS to establish several facts, including that the officer had reasonable suspicion to stop you, that the officer had probable cause to arrest you, and that you either refused testing or provided a sample above the legal limit.
Your attorney can cross-examine the officer, challenge the calibration and maintenance records of the testing device, question the chain of custody for blood samples, and raise procedural issues with how the stop or arrest was conducted. A successful challenge can result in the suspension being rescinded entirely.
Even when the suspension is not overturned, the ALR hearing provides significant value. The testimony and documents entered into evidence during the hearing can help your legal team prepare a stronger strategy for the criminal case. Officers are sworn, and their testimony becomes part of the record.
Occupational Licenses: An Option If You Miss the Window
Texas allows drivers who lose their license to petition for an occupational license to drive to work, school, or for essential needs.
If the deadline has passed or the suspension is upheld, you may still be able to drive legally. Under Texas Transportation Code Chapter 521, Subchapter J, you can petition a court for an occupational driver’s license that allows driving for essential purposes such as work, school, or household duties. This is not a full restoration of your license, but it can prevent your life from coming to a standstill while your case moves forward.
How ALR Outcomes Can Affect Your Criminal Case
The ALR hearing and the criminal DWI charge are separate proceedings, but they are not completely disconnected. Evidence uncovered during the ALR process can surface legal issues that directly benefit your defense. An officer’s testimony that contradicts the police report, for example, can be powerful at trial. Experienced attorneys treat the ALR hearing as an early investigative tool, not just a license-saving formality.
Contact Enrique Ramirez Law, PC, Before Your 15 Days Run Out
The clock starts the day you are arrested. At Enrique Ramirez Law, PC, our team has 34 years of trial experience handling DWI cases in Houston and throughout the surrounding area. We handle your case from day one through trial, and our entire staff, including our attorneys, speaks Spanish. You are welcome to come into our office and meet with us directly.
If you or someone you know was recently arrested for DWI, do not wait to reach out. Contact us today or call us at 713-987-7705 to request your ALR hearing before the deadline passes. You can also read what past clients have shared on our client reviews page to get a sense of what working with our firm looks like from the start.
