You made it home. Maybe someone picked you up from the Collin County jail at 4 a.m., maybe you got a ride from a friend. Either way, you’re sitting at the kitchen table with a stack of paperwork, a headache, and about a hundred questions — most of them about your court date.
Here’s the thing most people don’t realize until it’s too late: your court date isn’t the most urgent deadline in that stack. Somewhere in there is a notice of suspension of your driver’s license, and the clock on it started the moment it was handed to you. You have 15 days to do something about it. If you do nothing, your license is suspended automatically on day 40 — whether or not you’re ever convicted of anything.
Here’s what you actually need to know.
A DWI Arrest Starts Two Separate Cases
A DWI arrest in Texas sets two cases in motion at the same time:
- The criminal case, prosecuted by the District Attorney in court. That’s the one about whether you’re guilty of DWI.
- The license case — an Administrative License Revocation (ALR) proceeding brought by the Texas Department of Public Safety (DPS). It’s a civil, administrative case, and it’s only about your driver’s license.
The ALR case is heard by an Administrative Law Judge at the State Office of Administrative Hearings (SOAH), not by a criminal court judge. DPS has its own attorney. The judge isn’t deciding whether you’re guilty — only whether DPS has proven what it needs to prove to suspend your license. The rules come from Chapters 524 (failed tests) and 724 (refusals) of the Texas Transportation Code.
The 15-Day Deadline — and the 20-Day One Nobody Talks About
- Breath test, or refused testing: the officer serves a notice of suspension at the time of arrest. DPS has to receive the hearing request no later than 15 days after that notice was served.
- Agreed to a blood test: there’s no notice that night, because nobody knows the result yet. If the result comes back at 0.08 or higher, DPS mails a Notice of Suspension, and there are 20 days from the date it was mailed to request a hearing.
Miss the deadline and the suspension takes effect on the 40th day — no late requests, no do-overs.
For example, if the notice was served on November 1, DPS has to receive the request by November 16. That’s why, when I’m hired, I don’t wait until day 15.
One more point for the blood-test folks: that notice goes to the mailing address DPS has on file. If you’ve moved and never updated your license address, the 20-day clock can run out on a letter you never saw.
How the Hearing Gets Requested
DPS accepts ALR hearing requests online, by phone, by fax, or by mail. A mailed or faxed request has to include the driver’s name, date of birth, driver’s license number, mailing address, phone numbers, the date and county of arrest, the arresting agency and officer, and whether the test was failed, refused, or not requested. The details are on the DPS ALR program page.
When I take a DWI case, requesting the ALR hearing is one of the first things I do — usually the same day I’m hired. Then I get confirmation that DPS actually has it, so my client isn’t relying on a phone call or form that may or may not have gone through.
Requesting a Hearing Keeps You Driving
This is the part people like hearing. A timely request stays the suspension — meaning the license isn’t suspended until the judge issues a final decision. DPS says scheduling alone can take up to 60 days, and the hearing has to be set before the suspension would otherwise take effect.
In plain terms: when a hearing is requested on time, the driver usually keeps driving legally for weeks or months longer than if nothing had been done.
Why I Request the Hearing in Almost Every Case
Here’s how I think about it. If you do nothing, your license gets suspended. That’s not a risk — it’s the default.
From where I sit, requesting the hearing almost never costs my clients anything:
- If we win, the license doesn’t get suspended.
- If I subpoena the officer and he doesn’t show up, we usually win.
- If we lose, the license gets suspended — which is exactly what would have happened if nothing had been done. And my client kept driving legally in the meantime.
Requesting the hearing lets me throw everything at the wall and see what sticks. If something does, great. If nothing does, my client is no worse off than if we’d never asked. In almost every case, there’s simply no downside.
What DPS Has to Prove
At the hearing, DPS carries the burden of proof. The standard is “preponderance of the evidence” — more likely than not — which is much lower than the “beyond a reasonable doubt” standard in the criminal case. But DPS still has to prove every element. If it falls short on any one of them, the judge has to deny the suspension.
In a refusal case (180-day suspension or more), DPS must prove:
- There was reasonable suspicion to stop the driver, or probable cause to arrest
- There was probable cause to believe the person was driving while intoxicated
- The driver was asked to give a breath or blood specimen
- The driver refused
In a failed-test case (90-day suspension or more), DPS must prove:
- The same first two points: a lawful stop and probable cause
- The driver’s alcohol concentration was 0.08 or higher
Different elements apply to drivers under 21, commercial drivers, and boating cases. The full list is on SOAH’s driver’s license hearing page.
What Happens at the Hearing
Here’s what an ALR hearing actually looks like:
- Where: Many ALR hearings are now held by video, so the driver may not have to go anywhere. An Administrative Law Judge runs the hearing, and DPS has its own attorney.
- DPS’s evidence: DPS usually offers the officer’s sworn report, the notice of suspension, and the test results. The report is admissible on its own as a public record, so the officer usually only appears if he’s been subpoenaed.
- The defense: I cross-examine any officer who appears, object to evidence that doesn’t come in properly, and argue why DPS hasn’t proven its case.
- How long: Most hearings take under an hour. The judge then issues a written decision.
How I Fight an ALR Suspension
I’ve handled dozens of ALR hearings before SOAH. Here’s where I look first:
- Subpoenaing the officer. As the attorney, I can subpoena the officer who made the stop and the officer who made the arrest without asking the judge’s permission. This matters more than most people expect. If a properly subpoenaed officer doesn’t show up and doesn’t have good cause, the information from that officer can’t be used. Without the officer, DPS often can’t prove its case.
- The stop. If the officer didn’t have a legitimate reason to pull someone over, nothing after the stop matters. Weaving within a lane or a vague tip are the kinds of things I look at hard.
- Blood test problems. Who drew the blood, how it was stored, chain of custody, and how the lab tested it.
- The paperwork. Reports get filled out late at night by tired officers. Times that don’t line up, missing warnings, and boxes checked wrong all add up.
I won’t promise anyone a win — nobody honest can. But I’ll tell you straight what I see in your case and what your realistic chances are.
The Hidden Value: Questioning the Officer Under Oath, Months Before Trial
Even when the evidence looks bad for keeping the license, the ALR hearing is often worth it for what it does for the criminal case.
Texas criminal cases don’t give the defense routine depositions. The ALR hearing is one of the only chances I get to question the arresting officer under oath, on the record, long before trial. I find out how the officer tells the story, what he remembers and what he doesn’t, and where his testimony doesn’t match his report or the video. That testimony is recorded. If the story changes later in front of a jury, I have it.
It’s one more reason I request the hearing even when a client is mostly focused on the criminal charge.
How Long the Suspension Lasts If DPS Wins
ALR Suspension Periods at a Glance
How long the suspension lasts if DPS wins the hearing — or if no hearing is requested.
| Your Situation | First Offense | With a Prior* |
|---|---|---|
| Refused breath or blood test (21 or older) | 180 days | 2 years |
| Failed test, 0.08 or higher (21 or older) | 90 days | 1 year |
| Refused breath or blood test (under 21) | 180 days | 2 years |
| Failed test or any detectable alcohol (under 21) | 60 days | 120 days (one prior) / 180 days (two or more) |
*A “prior” generally means a previous test-related suspension, or a conviction for DWI, intoxication assault, or intoxication manslaughter, within the 10 years before the arrest. For drivers under 21, a drug offense conviction can count too.
Commercial drivers face a separate disqualification of their CDL on top of the suspension: generally one year for a first offense, three years if hauling hazardous materials, and potentially for life for a repeat offense.
A few other things DPS doesn’t advertise:
- An ALR suspension can’t be probated. In other words, it can’t be put on hold or swapped for a probation-style arrangement — if DPS wins, the suspension takes effect for its full term.
- A driver can end up with both an ALR suspension and a separate suspension from a DWI conviction arising from the same arrest.
- When the suspension ends, the license isn’t automatically reinstated. There’s a $125 reinstatement fee, and DPS’s instructions have to be followed. If the judge rules for the driver and the suspension never takes effect, there’s no fee to pay.
The License Case and the Criminal Case Don’t Control Each Other
This trips up a lot of people, in both directions:
- Winning the ALR hearing doesn’t end the criminal case. The judge’s decision doesn’t stop the State from litigating the same facts in the DWI prosecution.
- A dismissal or plea deal in the criminal case generally doesn’t undo an ALR suspension. The main exception is an acquittal: if a driver is found not guilty of DWI at trial, the suspension can’t be imposed — and if it already was, DPS has to cancel it and remove it from the driving record.
That’s why I work both cases from day one, not one after the other.
If DPS Wins — or the Deadline Was Missed
It’s not over:
- Occupational driver’s license. Even with a suspension in place, a driver may qualify for a court-ordered restricted license to drive for work, school, and essential household duties. I’ve written a full guide to getting an occupational driver’s license in Texas.
- Driving on a suspended license is a separate criminal charge, and it can add time to the suspension. An occupational license is the lawful way to keep driving.
What I Do in the First 15 Days
When someone hires me after a DWI arrest, here’s what happens in those first two weeks:
- I request a copy of the notice of suspension and note the date. For a breath test or refusal, the 15 days run from the day the notice was served, so that date sets the deadline.
- I request the ALR hearing right away — usually the same day I’m hired — and confirm DPS received it.
- For blood-test cases, I have my client let me know as soon as the DPS notice arrives — it’s mailed to them, not to me — so the 20-day deadline doesn’t slip by.
- I get my client’s account of what happened while the details are still fresh.
- In most cases, I subpoena the officer for the hearing.
Frequently Asked Questions About ALR Hearings in Texas
How long do I have to request an ALR hearing in Texas?
Fifteen days from the date the notice of suspension was served — usually the day of the arrest — in a breath test or refusal case. In a blood test case where DPS later mailed a notice, it’s 20 days from the date it was mailed. If the deadline is missed, the suspension starts on day 40.
Can I keep driving while I wait for the ALR hearing?
Generally, yes — as long as the hearing was requested on time and the license is otherwise valid. A timely request stays the suspension until the judge’s final decision. If no hearing is requested, the suspension starts on day 40.
Is the ALR hearing the same as my court date?
No. The court date is for the criminal DWI case. The ALR hearing is a separate civil hearing at SOAH that only decides whether DPS can suspend the license. It’s possible to win one and lose the other.
Is it worth requesting an ALR hearing if the case may end in a plea?
That depends on the case, but in my practice I request it in almost every case, including ones that may end in a plea. The hearing can keep the license valid longer, it may prevent a suspension altogether, and it gives the defense a chance to question the officer under oath — which can affect how the criminal case goes, including plea negotiations.
Does the arresting officer have to show up?
No. DPS can rely on the officer’s sworn report. The officer only has to appear if he’s subpoenaed. If he’s properly subpoenaed and doesn’t show up without good cause, the information from that officer can’t be used.
How long does an ALR hearing take?
Most are short — often under an hour. Getting the hearing scheduled takes longer; DPS says scheduling can take up to 60 days. Many ALR hearings are now held by video.
Serving All of Collin County
I defend clients throughout Collin County, including:
Arrested for DWI in Collin County?
The 15-day clock starts at the arrest. I handle every case myself — the ALR hearing and the criminal case — and I’ll tell you straight where you stand. The consultation is free, and I personally read and respond to every message, usually within a few hours.