Getting arrested for DWI in Texas doesn’t just mean facing criminal charges — it also triggers a separate civil process that could cost you your driving privileges. An Administrative License Revocation (ALR) hearing is an often overlooked part of the DWI process that determines whether you’ll get to keep your driver’s license or have to watch it get suspended by the state.
Here’s how the ALR hearing process works in Texas:
- Request your hearing immediately: You have only 15 days from your arrest to request an ALR hearing, or your license will be automatically suspended.
- Wait for scheduling: Your hearing will typically be scheduled 4–6 weeks after your request.
- Evidence review period: The Texas Department of Public Safety (DPS) will compile evidence and may issue subpoenas for witnesses.
- Your attorney prepares your defense: Your lawyer will review the state’s evidence, identify weaknesses in their case, and issue subpoenas for witnesses who can support your defense.
- The hearing takes place: An administrative law judge will hear testimony and review evidence from both sides.
- The judge makes a decision: The administrative judge will determine whether to suspend or revoke your license based on the evidence presented.
Here’s the harsh reality: if you don’t have an attorney representing you at your ALR hearing, you’re essentially throwing in the towel. Even if you have a court-appointed lawyer handling your criminal DWI case, they won’t represent you in the ALR hearing because it’s a separate civil matter — meaning even if they beat your DWI charges, you’ll still lose your license. Don’t let a lack of proper representation derail your life before you’ve even had your day in court.
Here’s another reality: fumbling the bag on your ALR hearing gets your DWI case off on the wrong foot. While your license suspension can’t be used as evidence against you in your criminal case, winning an ALR hearing can set the stage for a win in your DWI case.
If you or a loved one has been arrested for DWI and are facing an ALR hearing, don’t attempt to go through it alone. Call Mark Thiessen, a Houston ALR hearing attorney who wins 95% of ALR hearings for his clients, today at (713) 864-9000 or contact us online to protect your driving privileges and defend your future.
Step 1. Request your hearing immediately
The clock starts ticking the moment you’re arrested for DWI in Texas, and you have exactly 15 days to file your ALR hearing request — not a day longer. This isn’t a suggestion or a courtesy; it’s a hard deadline that the Texas Department of Public Safety takes seriously.
If you miss this window, your license will be automatically suspended, regardless of whether you’re ultimately convicted of the DWI charge. The suspension kicks in 40 days after your arrest, turning your world upside down before you’ve even had a chance to fight the charges.
How to request an ALR hearing in Texas
Making your ALR hearing request is one of the biggest steps in protecting your driving privileges, but it’s also one that many people overlook in the chaos following a DWI arrest. You can submit your request by phone, mail, fax, or online through the Texas DPS website. Whichever method you choose, don’t wait until day 14 to figure it out.
Your request must include the following information:
- Full legal name
- Driver’s license number
- Date of arrest
- Arresting agency
The request must include specific information about your arrest, and any mistakes or delays could cost you your license. Keep proof of submission, no matter how you file.
| Don’t go it alone on the request: This is where having an experienced attorney becomes invaluable — they know exactly how to file the request properly and ensure it’s submitted well before the deadline. They also know how to start preparing evidence for the hearing. |
What happens after you request a hearing?
Once your request is received, DPS will mail a confirmation to the address on file. Make sure your address is current, or you risk missing your hearing date entirely. Your temporary driving permit — the DIC-25 issued at the time of your arrest — remains valid until the hearing is held and the judge issues a ruling. In other words, you can still drive while your case is pending, as long as you made your request within the 15-day window.
Step 2. Wait for scheduling
Once you’ve successfully submitted your ALR hearing request, the waiting game begins. Texas DPS typically schedules hearings anywhere from a few weeks to up to 120 days after receiving your request. The exact timing depends on the court’s calendar and the complexity of your case. During this period, you’ll receive official notice of your hearing date, time, and location. This is information you absolutely cannot afford to ignore or misplace.
In-person vs. telephonic hearings
One decision you’ll need to make during this waiting period is whether to hold your hearing in person or by phone. This choice matters more than most people realize, and it’s one your attorney should help you make strategically.
| Hearing type | How it works | Key strategic consideration |
| In-person | Held at a designated location with all parties present | You can subpoena the arresting officer to appear in person. If the officer doesn’t show and no valid reason is provided, the case is typically dismissed, and your license is saved. |
| Telephonic | Conducted over the phone | DPS can introduce evidence without a live witness, which removes the officer no-show advantage. Your defense needs to focus on attacking the evidence itself. |
Use the waiting period wisely
This waiting period isn’t dead time; it’s actually a window for preparation that can make or break your case. While you’re waiting for your hearing date, the state is already building their case against you, gathering evidence, and preparing witnesses.
If you’re serious about keeping your license, you need to work with a qualified attorney who understands the ALR process right away. The more time your lawyer has to prepare, the better your chances of winning an ALR hearing (and your criminal case) become.
Step 3. Evidence review period
During the evidence review phase, Texas DPS compiles all documentation related to your arrest and may issue subpoenas for key witnesses, including the arresting officer. The state’s goal is simple: build a case strong enough to justify suspending your license. They’ll use every piece of evidence at their disposal to do it.
What evidence does DPS typically gather?
This evidence typically includes:
- Police reports
- Breath or blood test results
- Video footage from the arrest
- Witness statements
What does DPS have to prove at an ALR hearing?
This is where most people get caught off guard. The ALR hearing process operates under a different standard than your criminal case. In criminal court, the state must prove guilt beyond a reasonable doubt. At an ALR hearing, they only need to meet the lower standard of “preponderance of the evidence,” meaning they just have to show it’s more likely than not that the suspension is justified.
| What DPS must prove | What it means |
| Reasonable suspicion for the stop | The officer had a specific, articulable reason to pull you over |
| Probable cause for the arrest | The officer had enough evidence to believe you were driving while intoxicated |
| Opportunity to consent | You were offered the chance to take a breath or blood test |
| Test result or refusal | You either failed the test or refused to take it |
Why this phase is central for your defense
Every piece of evidence DPS plans to use against you is also an opportunity for your attorney to find a flaw. Procedural errors, improper testing protocols, and rights violations can all be grounds to challenge the state’s case. The evidence review period is when those cracks start to show — but only if you have someone who knows where to look.
| The legal drinking limit matters here: If you consented to testing, DPS must prove your BAC was at or above the legal drinking limit of 0.08%. If they can’t establish that, their case falls apart. This is one of several areas where an experienced attorney can identify weaknesses and exploit them. |
Step 4. Your attorney prepares your defense
This is where the real work begins. It’s also where you’ll see the biggest difference between representing yourself and having professional legal help in your corner. Your attorney will methodically review every piece of evidence the state plans to use against you, looking for:
- The legality of the initial traffic stop
- Whether the officer had true probable cause for the arrest
- The proper administration of field sobriety tests
- The calibration and maintenance records of breath testing equipment
- The chain of custody for any blood samples taken
- Whether your rights were clearly communicated at the time of arrest
Key defense strategies at an ALR hearing
Understanding how to win an ALR hearing starts with building a defense strategy tailored to the specific facts of your case. There is no one-size-fits-all approach. Your attorney will identify which angles give you the best chance based on the evidence at hand.
Common defense angles your attorney may pursue include:
Challenging the traffic stop
The officer must have had reasonable suspicion to pull you over. A hunch isn’t enough. If the stop can’t be justified, everything that followed may be inadmissible.
Questioning field sobriety tests
These tests are highly subjective and must be administered according to strict protocols. Deviations from those protocols can undermine the officer’s conclusions entirely.
Attacking breath or blood test results
Testing equipment must be properly calibrated and maintained. Blood samples must follow a strict chain of custody. Any gap in that process is a potential opening for your defense.
Challenging the odor of alcohol argument
Officers frequently cite the odor of alcohol as evidence of intoxication. The reality is that the odor of alcohol cannot tell an officer how much you had to drink. It cannot distinguish between someone who had one drink and someone who had ten.
Subpoenaing witnesses
Your attorney may subpoena the arresting officer, lab technicians, or other witnesses who have relevant information about your arrest. At an in-person hearing, if the officer fails to appear without a valid reason, the case is often dismissed on the spot.
What about serious DWI charges?
Whether you’re dealing with a standard first offense or one of the more serious types of DWI in Texas, the ALR process applies the same way. Repeat offenses, felony DWI, and cases involving accidents or injuries all carry heightened stakes. In those situations, having an attorney who understands the nuances of both ALR hearings and Texas DWI law isn’t just helpful. It’s essential.
A note for CDL holders
Commercial driver’s license holders face a separate and far more severe set of consequences if their license is suspended. A DWI with a CDL suspension doesn’t just mean inconvenience. For most CDL holders, it means losing their livelihood.
If you hold a CDL and are facing an ALR hearing, your attorney’s approach to subpoenas and evidence challenges becomes even more importantl. Make sure you’re working with someone who understands the stakes.
Step 5. The hearing takes place
The hearing itself is conducted by an administrative law judge from the State Office of Administrative Hearings (SOAH). Even though it’s a civil proceeding rather than a criminal one, it follows a formal legal process. Don’t mistake “civil” for “casual.” The outcome determines whether you keep your license, and the state is not showing up unprepared.
What happens at an ALR hearing in Texas?
The state presents their case first. This typically means calling the arresting officer to testify about the circumstances of your arrest, the field sobriety tests administered, and any chemical testing that took place. From there, the hearing follows a structured process that mirrors many aspects of a criminal trial.
Here’s what to expect:
| Stage | What happens |
| State presents evidence | DPS introduces police reports, test results, video footage, and witness testimony |
| Cross-examination | Your attorney challenges the state’s witnesses, questions their testimony, and probes for inconsistencies |
| Defense presents its case | Your attorney introduces evidence, calls witnesses, and argues why the suspension should not be upheld |
| Closing arguments | Both sides summarize their positions for the judge |
| Judge deliberates | The administrative law judge reviews everything presented and prepares a ruling |
Texas ALR hearing rules you need to know
Understanding Texas ALR hearing rules before you walk into that hearing room can make a significant difference in how prepared you feel and how your case is presented.
Here’s what to know:
- The hearing is recorded. Everything said on the record can be used later, including in your criminal case. This is one more reason why having an attorney speak on your behalf matters.
- Both sides can subpoena witnesses. Your attorney has the same power to compel witnesses to appear as the state does. Use it.
- The burden of proof is on DPS. The state has to prove their case. You don’t have to prove your innocence. Your attorney’s job is to create enough doubt to prevent DPS from meeting their burden.
- The hearing can be appealed. If the judge rules against you, that is not necessarily the end of the road. Your attorney can advise you on whether an appeal is viable in your case.
If you refused chemical testing
Refusing a breath or blood test triggers its own set of rules under the ALR Texas hearing process. Refusal cases carry harsher automatic penalties than failed test cases, and the state’s burden of proof shifts slightly. Your attorney needs to understand exactly how refusal cases are argued and what defenses are available to you.
At Thiessen Law Firm, we win 95% of ALR hearings for our clients and successfully save their licenses.
Step 6. The judge makes a decision
After hearing all the evidence and testimony, the administrative law judge will issue a ruling on whether your license will be suspended. This is the moment everything has been building toward. The judge has several options available: uphold the suspension, reduce the length of the suspension, or dismiss the case entirely if DPS failed to meet their burden of proof.
What are the possible outcomes?
| Outcome | What it means for you |
| Case dismissed | DPS failed to prove their case. You keep your license and drive normally. |
| Suspension upheld | The judge ruled in favor of DPS. Your suspension goes into effect. |
| Suspension reduced | The judge may shorten the suspension period in certain circumstances. |
How long is an ALR suspension in Texas?
If the ruling goes against you, the length of your suspension depends on the specifics of your case.
| Situation | Suspension length |
| Failed breath or blood test, first offense | 90 days |
| Refused breath or blood test, first offense | 180 days |
| Prior DWI offenses on record | 1 year or longer |
What if you lose? Understanding the occupational license option
Losing your ALR hearing doesn’t mean you lose all ability to drive. Texas law allows suspended drivers to apply for a Texas restricted driver’s license, also known as an occupational driver’s license (ODL), which permits driving for essential purposes like work, school, and medical appointments.
Here’s what you need to know:
- Most drivers who have had their license suspended following an ALR ruling are eligible to apply for an ODL.
- You must file proof of financial responsibility through an SR-22 form before an ODL will be granted.
- You must petition the appropriate court and receive a signed order authorizing the ODL.
- The ODL will specify which hours you can drive and for what purposes. Driving outside those parameters is a separate offense.
- An occupational license does not authorize the operation of a commercial motor vehicle under any circumstances.
The ALR reinstatement fee and other requirements
Winning your case means keeping your license. Losing means navigating a reinstatement process before you can get back on the road legally. The ALR reinstatement fee required to restore your license in Texas is $125, but that is just one piece of the puzzle.
Before your license is fully reinstated, you may also be required to:
- Complete a DWI education program approved by the state
- File an SR-22 certificate of financial responsibility with Texas DPS
- Satisfy any additional conditions imposed by the court or DPS
- Pay any outstanding fines or fees related to your case
Don’t wait to fight back
Learning how to avoid a suspended license in Texas starts with taking the ALR process seriously from the moment of your arrest. The reality is that the chances of winning an ALR hearing without a skilled DWI defense lawyer in Houston in your corner are slim. The system is designed to favor the state, and administrative law judges see these cases every single day.
Remember: even if your DWI is a felony, winning your ALR hearing means keeping your license regardless of what happens in the criminal case — and that can make all the difference in maintaining your job, supporting your family, and getting your life back on track.
Texas ALR hearing — FAQs
How long do you have to request an ALR hearing in Texas?
You have 15 days from the date of your arrest or the notice of suspension to request an ALR hearing. If you fail to request a hearing within this window, your license will be automatically suspended.
Can I drive while waiting for my ALR hearing?
Yes, you can continue to drive while waiting for your ALR hearing, as long as you have requested the hearing within the 15-day deadline. Your driving privileges remain intact until a decision is made.
If you lose your hearing and your license is suspended, you may be eligible to apply for a Texas restricted driver’s license that allows you to drive to work, school, and other essential destinations while your suspension is in effect.
What happens if the officer doesn’t show up at the ALR hearing?
If the arresting officer fails to appear at the ALR hearing and no valid reason is provided, the administrative judge may dismiss the case, resulting in no suspension of your license.
How much is the ALR reinstatement fee in Texas?
The reinstatement fee for an ALR suspension in Texas is $125, but keep in mind that paying the reinstatement fee is just one step in the process. You must also meet any other requirements imposed by the Texas DPS, like completing a DWI education program, providing proof of insurance (SR-22), and any other conditions relevant to your case.
What is an ALR subpoena in Texas?
An ALR subpoena allows your attorney to require certain witnesses to attend the hearing or to produce documents that may be important to your defense. Subpoenas are often used to ensure the arresting officer appears at the hearing to testify under oath, but your attorney may also issue subpoenas to other witnesses, like medical professionals or third parties who could provide testimony that is beneficial to your case.
Save your license at your ALR hearing with Thiessen Law Firm
If you’re facing a license suspension after a DWI arrest in Texas, an ALR hearing is your opportunity to fight for your right to drive — and your opportunity to start your DWI case off on the right foot. Winning an ALR hearing takes a lot more than just filling out a few forms; it takes strong legal strategies, expert knowledge of Texas DWI laws, and a deep understanding of the administrative hearing process.
At Thiessen Law Firm, we win 95% of our clients’ ALR hearings and save their licenses. We successfully challenge license suspensions and leverage them into wins in our clients’ criminal cases for DWI. If you want to protect your right to drive and give yourself a chance at beating the criminal charge, you’re going to want to give us a call.
Don’t face severe DWI penalties alone. Call Thiessen Law Firm today at (713) 864-9000 or contact us online and secure a winning defense.
More Helpful Articles by Thiessen Law Firm:
- What Not to Do After a DWI Arrest in Texas
- 10 Myths About Drinking and Driving: Debunked
- How Does Blood Alcohol Content in Texas Impact DWI Charges?
- Acquittal vs. Dismissal: What’s the Difference in a DWI Case?
- Do I Need a Lawyer for DWI in Texas?
