Attorney
An Administrative License Revocation (ALR) hearing is a separate legal proceeding that determines whether the Texas Department of Public Safety (DPS) can suspend your driver’s license after a DWI arrest. Winning an ALR hearing may allow you to keep your driving privileges and can provide information that may help your defense. Many people focus on the criminal charge and do not realize they have only a short time to challenge a potential license suspension.
What Is an ALR Hearing in Texas?
An ALR hearing is a civil administrative proceeding conducted by the Texas State Office of Administrative Hearings. It is separate from your criminal DWI case and focuses only on whether DPS has grounds to suspend your driver’s license.
The hearing is typically triggered when:
- You refuse a breath or blood test after a DWI arrest
- You provide a specimen and the results show a blood alcohol concentration above the legal limit
Because the ALR process is independent of the criminal case, your license may be suspended even if you are never convicted of DWI.
How Long Do You Have to Request an ALR Hearing?
The deadline is short.
In most Texas DWI cases, you have 15 days from receiving notice of suspension to request an ALR hearing. Depending on the circumstances, that notice may be provided at the time of arrest or mailed later by DPS.
If the hearing is requested on time, the suspension is generally delayed until the hearing process is completed and a decision is issued.
What Happens if You Miss the Deadline?
If you do not request an ALR hearing within the required time period, DPS will typically suspend your license automatically. You lose the opportunity to challenge the suspension before it takes effect.
Depending on the circumstances of the arrest and your driving history, the suspension period may vary. Once the deadline passes, your options for contesting the suspension become much more limited.
What Does DPS Have to Prove at an ALR Hearing?
The issues considered at the hearing depend on whether the case involves a test refusal or a failed test.
Generally, DPS must establish facts such as:
- The officer had reasonable suspicion to stop you
- There was probable cause to believe you were operating a motor vehicle in a public place while intoxicated
- You were lawfully arrested
- You refused testing or provided a specimen showing an alcohol concentration above the legal limit
The administrative law judge reviews the evidence and determines whether DPS has met its burden.
What Evidence Is Used During an ALR Hearing?
ALR hearings often involve many of the same facts that appear in the criminal case.
Evidence may include:
- Police reports
- Arrest records
- Dashcam or body camera footage
- Breath test records
- Blood test results
- Officer testimony
- Witness statements
Unlike many court proceedings, the rules governing evidence are often more flexible in administrative hearings. Even so, weaknesses in the evidence can create opportunities to challenge the suspension.
What Are the Possible Outcomes of an ALR Hearing?
Several outcomes are possible.
If DPS proves its case, the administrative law judge may authorize the suspension of your driver’s license.
If DPS fails to meet its burden, the suspension may be denied, allowing you to keep your driving privileges.
In some cases, DPS may be unable to present sufficient evidence or necessary witnesses. When that happens, the administrative law judge may deny the suspension.
The hearing does not determine whether you are guilty of DWI, but it can affect your ability to drive while the criminal case is pending.
How Can an Attorney Help You Challenge a License Suspension?
An attorney can do much more than simply appear at the hearing.
We review the evidence to identify procedural mistakes, constitutional issues, and weaknesses in the officer’s account of events. That includes examining whether the traffic stop was lawful, whether testing procedures were followed correctly, and whether the evidence supports the suspension.
The hearing also provides an opportunity to question the arresting officer under oath, which can sometimes reveal inconsistencies or information that becomes important later in the criminal case.
Even when the suspension cannot be avoided, the hearing may help us gather evidence and develop a stronger defense strategy moving forward.
Protect Your License Before Time Runs Out
An ALR hearing may be your first opportunity to challenge the consequences of a DWI arrest. Because the deadline to request a hearing is short, acting quickly can make a significant difference in your ability to keep your license and prepare your defense.
At Navarrete & Schwartz, P.C., we help clients challenge driver’s license suspensions and defend against DWI charges throughout Texas. If you have been arrested for DWI, contact us as soon as possible to discuss your options and protect your rights.