What Is the 15-Day ALR Hearing After a DWI in Texas?

If you were arrested for DWI in Texas, you have exactly 15 calendar days from the date of your arrest to request an Administrative License Revocation hearing — and if you miss that deadline, your driver’s license is automatically suspended on the 40th day after your arrest with no opportunity to contest the suspension before it takes effect. That automatic suspension happens regardless of the outcome of your criminal case, regardless of whether charges are ever formally filed, and regardless of whether you are ultimately convicted.

The ALR hearing is one of the most misunderstood and most frequently missed opportunities in Texas DWI defense. Many people arrested for DWI focus entirely on the criminal charge and are unaware that a separate civil proceeding — with its own deadline, its own standards, and its own consequences — has already begun running from the moment of their arrest. By the time they retain an attorney or begin thinking about their case, the 15 days may already have passed.

This post explains exactly what the ALR hearing is, what it determines, what happens if you miss the deadline, why the hearing has value beyond just the license question, and what you need to do right now if you were recently arrested for DWI in San Antonio or Bexar County.

What ALR Stands for and Where It Comes From

ALR stands for Administrative License Revocation. It is a civil administrative proceeding governed by Texas Transportation Code Chapter 724 — specifically Section 724.032 — that runs parallel to and entirely separately from the criminal DWI case. The criminal case is prosecuted by the Bexar County District Attorney’s office in county court or district court. The ALR proceeding is conducted by the Texas Department of Public Safety through the State Office of Administrative Hearings.

The two proceedings address different questions. The criminal case asks whether the defendant committed the offense of driving while intoxicated under Texas Penal Code Section 49.04. The ALR proceeding asks only whether the defendant’s driver’s license should be suspended based on what happened at the time of the arrest — specifically, whether they failed a breath or blood test or refused to provide a specimen.

The two proceedings are legally independent — winning one does not automatically win the other, and losing one does not automatically lose the other. A defendant who wins the ALR hearing and keeps their license can still be convicted in the criminal case. A defendant who loses the ALR hearing and has their license suspended can still be acquitted at trial. The only link between the two is the underlying facts of the arrest.

The 15-Day Deadline — What It Is and Why It Matters

Under Texas Transportation Code Section 724.032, the arresting officer is required at the time of a DWI arrest to take the defendant’s driver’s license and provide them with a written notice of suspension. That notice of suspension serves two purposes simultaneously. It is a temporary driving permit valid for 40 days from the date of the arrest. And it starts a 15-calendar-day clock within which the defendant must request an ALR hearing or lose the right to contest the suspension before it takes effect.

The 15 days run from the date of the arrest — not from the date you are released from custody, not from the date you retain an attorney, not from the date the criminal case is filed. Day one is the day you were arrested. Day 15 is the last day you can request the hearing. Day 40 is when the suspension takes effect if no hearing was requested.

When a hearing is requested within the 15-day window, two things happen. First, the suspension is stayed — meaning your license remains valid and the temporary driving permit remains effective while the hearing is pending and scheduled. Depending on the State Office of Administrative Hearings docket, this stay can last several months. Second, the hearing is scheduled, giving you the opportunity to contest the suspension before it takes effect.

When no hearing is requested within 15 days — whether because the defendant did not know about the deadline, did not yet have an attorney, or believed the criminal case and the license issue were the same thing — the suspension becomes automatic on day 40. There is no grace period, no opportunity to request a late hearing, and no reconsideration after the deadline passes.

At Barton & Associates, we request ALR hearings for every DWI client immediately upon being retained — before anything else in the case is addressed. The 15-day deadline is the most time-sensitive consequence of a DWI arrest and the one where missing it produces the most immediate and unavoidable harm.

What the ALR Hearing Actually Determines

The ALR hearing is conducted before a State Office of Administrative Hearings judge — not a criminal court judge — and addresses a narrow set of issues.

• In a breath test case — where the defendant provided a breath sample — the ALR judge evaluates four specific questions. Did the officer have reasonable suspicion to stop the defendant? Did the officer have probable cause to arrest the defendant for DWI? Was the defendant properly requested to provide a breath specimen? Did the defendant’s breath test result show an alcohol concentration of 0.08 or higher?
• In a refusal case — where the defendant declined to provide a breath or blood specimen — the questions are slightly different. Did the officer have reasonable suspicion and probable cause? Was the defendant properly warned of the consequences of refusing under the implied consent law? Did the defendant refuse to provide a specimen?

The ALR judge does not evaluate the fairness of the situation, the defendant’s character, or any factor beyond these specific questions. The standard of proof is preponderance of the evidence — more likely than not — rather than the beyond-a-reasonable-doubt standard that applies in the criminal case. This lower standard means the state prevails in many ALR hearings even when the criminal case is ultimately won.

If the DPS establishes all required elements by a preponderance of the evidence, the suspension is imposed — 90 days for a first failed test, 180 days for a first refusal. If the DPS fails on any element — if the stop lacked reasonable suspicion, if the arrest lacked probable cause, if the implied consent warning was not properly given — the suspension is not imposed and the defendant’s license is returned.

Why the ALR Hearing Is Valuable Beyond the License

Many defendants and attorneys treat the ALR hearing purely as a mechanism to delay or prevent the license suspension. That is a significant undervaluation of what the ALR hearing can accomplish.

The ALR hearing is frequently the first opportunity in the entire DWI case to cross-examine the arresting officer under oath. The officer appears at the ALR hearing, testifies about the stop, the investigation, the administration of field sobriety tests, and the breath test procedure, and is subject to cross-examination by defense counsel — before the criminal case is fully developed, before the officer has had extended time to refine their account, and before the prosecutor has had the opportunity to prepare the witness for trial.

The transcript of that cross-examination becomes part of the permanent record. Inconsistencies between what the officer says at the ALR hearing and what their written report says — or what they later testify to at trial — are powerful impeachment material. An officer who says at the ALR hearing that the defendant’s driving was fine but the defendant failed the field sobriety tests, and who then says at trial that the defendant’s driving was erratic, has testified inconsistently in a way that defense counsel can exploit effectively.

This cross-examination opportunity does not exist in the criminal case until much later — typically not until the case is set for trial, months after the arrest. The ALR hearing provides it within weeks, while memories are fresh and before the state’s case is fully built. An attorney who uses the ALR hearing to conduct a thorough cross-examination of the arresting officer is simultaneously fighting for the license and building the criminal defense — two objectives achieved in a single proceeding.

What Happens if You Miss the 15-Day Deadline

If the 15-day deadline passes without a hearing request, the license is suspended automatically on day 40. The suspension periods are 90 days for a first failed breath or blood test, one year for a second or subsequent failed test, 180 days for a first refusal, and two years for a second or subsequent refusal within ten years.

Once the suspension is in effect, the options are more limited. The defendant can apply for an occupational license — a restricted license allowing driving to and from work, school, and essential activities — through a county court at law or district court. An occupational license requires a court order, a showing of essential need, and mandatory installation of an ignition interlock device in any vehicle operated.

The occupational license provides functional driving capability during the suspension but is more cumbersome and more expensive than maintaining the regular license through a successful ALR hearing. It also does not preserve the cross-examination opportunity that the ALR hearing would have provided.

What to Do If You Were Recently Arrested for DWI

If you were arrested for DWI in San Antonio or Bexar County within the past 15 days, the most urgent action is requesting the ALR hearing — today, before counting the days again and realizing the deadline has passed.

If you have already retained Barton & Associates, we have requested the hearing on your behalf. If you have not yet retained a criminal defense attorney, call 210-500-0000 now. We request ALR hearings for every DWI client immediately upon being retained, at no additional charge beyond the standard representation. The hearing request takes minutes to make — the consequences of not making it last for months.

If you were arrested more than 15 days ago and did not request a hearing, the suspension may already be in effect or approaching. Call us to discuss the occupational license process and the options available in your specific situation.

At Barton & Associates, DWI consultations are free, confidential, and available 24 hours a day at 210-500-0000.