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Texas ALR Hearing: Deadlines, Process, and What Happens If You Miss the Window

What Triggers an ALR Proceeding

The Administrative License Revocation (ALR) process is a civil action by the Texas Department of Public Safety, completely separate from any criminal DWI charges pending in court. It activates automatically when a driver is arrested for DWI or Boating While Intoxicated and either fails a breath or blood test (BAC of 0.08% or higher) or refuses to provide a specimen.

At the time of arrest, the officer serves the driver with a temporary driving permit and a Notice of Suspension (Form DIC-25). This permit keeps your driving privileges active for a limited window — but only if you act within the statutory deadline.

The critical difference between the ALR and the criminal case: the criminal court decides guilt and criminal penalties. The ALR decides whether DPS can suspend your driving privilege administratively, regardless of how the criminal case resolves. You can win the criminal case and still lose the ALR, or vice versa.

The 15-Day Deadline

From the date the officer serves the DIC-25 notice, you have exactly 15 calendar days to request an ALR hearing. There is no extension, grace period, or good-cause exception. If you miss this window, the suspension takes effect automatically on the 40th day after service.

There's a second scenario for blood draws. When a blood sample is taken at the time of arrest and the lab results come back later showing a BAC at or above 0.08%, DPS mails a separate notice of suspension to the address on your driver license. In this case, the deadline is 20 days from the mailing date — not the date you receive it. If your address on file is outdated, you may never see the notice, but the deadline still runs.

To request the hearing, contact the DPS ALR section or submit the request through the State Office of Administrative Hearings (SOAH). The request must be in writing and include your name, license number, and the date of the arrest.

What Happens at the Hearing

ALR hearings are conducted by administrative law judges through SOAH, not the criminal courts. They're typically scheduled within 30–60 days of the request and can be held in person or by telephone depending on the county.

The issues at the hearing are narrow. The judge considers only whether:

  1. Reasonable suspicion existed for the traffic stop
  2. Probable cause existed for the DWI arrest
  3. The officer properly administered the breath/blood test or properly warned the driver about refusal consequences
  4. The driver actually failed or refused the test

The arresting officer must testify (usually by phone). If the officer fails to appear, the ALR case is typically dismissed. If the officer testifies and the judge finds against you, the suspension stands.

You have the right to represent yourself, but ALR hearings are a legal proceeding with rules of evidence. Many drivers hire an attorney specifically for the ALR hearing even if they plan to handle the criminal case differently.

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Suspension Lengths

If you lose the hearing or never request one:

Failed test (first offense): 90-day suspension Failed test (prior DWI/ALR within 10 years): 1-year suspension Refusal (first offense): 180-day suspension Refusal (prior DWI/ALR within 10 years): 2-year suspension

Refusal suspensions are significantly longer by design — the legislature intended them as a deterrent against declining to provide a specimen.

Reinstatement After an ALR Suspension

Once the suspension period expires, reinstatement requires three things:

  1. $125 ALR reinstatement fee paid to DPS (online for immediate processing, or by mail)
  2. SR-22 Financial Responsibility Certificate filed by your insurer and maintained continuously for two years from the date of conviction
  3. DWI Education Program completion certificate submitted to the DPS Driver Improvement and Compliance Bureau

If the court also ordered an ignition interlock device, you must apply for a restricted interlock license before DPS will restore your driving privileges. The application goes directly to DPS along with proof of IID installation.

During the suspension period, you may be eligible for an Occupational Driver License — but mandatory waiting periods apply. If you have a prior drug or alcohol arrest within five years, you must wait 90 days. A prior DWI conviction within five years requires a 180-day wait. Multiple prior convictions mean a full year before the ODL can take effect.

The Relationship Between ALR and Criminal Court

Winning or losing the ALR doesn't directly affect your criminal case, and a criminal acquittal doesn't undo an ALR suspension. They are parallel proceedings with different evidence standards — the ALR uses a preponderance-of-evidence standard (lower than criminal court's beyond-a-reasonable-doubt).

However, the ALR hearing can serve as free discovery for the criminal case. The testimony the arresting officer provides under oath at the ALR hearing is documented and can be used to prepare your criminal defense strategy.

The Texas Driver's License Reinstatement Guide covers both tracks — the ALR administrative timeline and the criminal court process — with a unified checklist that prevents the common mistake of satisfying one track while neglecting the other.

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