Texas License Suspension After a DWI Arrest: A Bexar County Attorney’s Guide to the ALR Process
In the hours after a DWI arrest, almost everyone focuses on the same question: what happens with the criminal case. That is understandable, but it overlooks a separate and faster-moving problem that can cost someone their driver’s license before the criminal case has even been formally filed. Texas runs two entirely separate proceedings after a DWI arrest, on two separate timelines, decided by two separate authorities. The criminal case is prosecuted by the district attorney’s office and decided by a judge or jury. The license case, called Administrative License Revocation, is a civil proceeding handled by the Texas Department of Public Safety through the State Office of Administrative Hearings, and it moves on a clock that does not wait for the criminal case to catch up.
We wrote this guide because the ALR deadline is unforgiving, poorly understood, and genuinely time-sensitive in a way that few other steps in a criminal case are. Missing it does not just weaken your position. It ends your ability to contest the suspension entirely, automatically, with no appeal. This page explains how the ALR process works, what the actual deadlines are, how long a suspension can last, and what options exist if a suspension does take effect. If you were arrested for DWI in the last two weeks, do not wait to read the rest of this page before calling. Contact Barton & Associates at 210-500-0000 for a free, confidential consultation, and we will request your ALR hearing at no additional charge as part of our DWI representation.
How the Two Cases Separate at the Moment of Arrest
At the time of a DWI arrest, an officer who obtains a breath or blood test result of 0.08 or higher, or who encounters a refusal to test, is required under Texas Transportation Code Section 724.032 to take the driver’s physical license and issue a written notice of suspension, commonly referred to as a DIC-25. That notice does two things simultaneously. It functions as a temporary driving permit valid for 40 days from the date of arrest, and it starts the clock on the deadline to request an ALR hearing.
From that moment forward, the criminal case and the ALR case proceed independently. A person can win the ALR hearing and still be convicted in the criminal case. A person can lose the ALR hearing and still see the criminal charge reduced or dismissed. The only point where the two cases intersect in a meaningful way involves certain acquittals in the criminal case, which under Texas Transportation Code Section 724.048 can, in specific circumstances, bar or rescind an ALR suspension. Outside of that narrow exception, an attorney handling only the criminal case while ignoring the ALR deadline is leaving a serious problem unaddressed.
The Deadline: 15 Days, or 20 Days for a Blood Test
The most critical number in this entire process is 15. A driver has 15 calendar days from the date of arrest, not the date of release from custody and not the date an attorney is retained, to request an ALR hearing. If the request is not made within that window, the suspension takes effect automatically on the 40th day after the arrest, with no hearing, and Texas courts enforce this deadline strictly.
A detail that surprises many people, including some who have already researched the general rule, is that blood test cases run on a different clock. When a suspension is based on a blood test result rather than a breath test or an outright refusal, Texas law generally allows 20 days rather than 15 to request the hearing, reflecting the additional time it typically takes for blood test results to be processed and reported back to the driver. Knowing which clock actually applies to your specific case, rather than assuming the more commonly cited 15-day rule governs every scenario, is exactly the kind of detail that gets missed without experienced counsel reviewing the facts.
Why Requesting the Hearing Matters Beyond Saving Your License
Requesting an ALR hearing does not guarantee that a suspension will be avoided. DPS prevails at a meaningful share of these hearings. But requesting the hearing accomplishes something that matters independently of the outcome: it forces the arresting officer to testify under oath, subject to cross-examination, well before the criminal case reaches trial. At the hearing, DPS carries the burden of proving, by a preponderance of the evidence, that the officer had reasonable suspicion for the stop and probable cause for the arrest, and either that a test showed a blood alcohol concentration of 0.08 or higher or that the driver was properly warned of the consequences before refusing to test.
That sworn testimony frequently becomes valuable groundwork for the criminal defense. Inconsistencies between an officer’s ALR hearing testimony and later police reports or body camera footage, gaps in how a field sobriety test was administered, or weaknesses in how a warning was delivered before a refusal often surface for the first time at this early hearing, well before the criminal case would otherwise force that testimony into the record. We treat every ALR hearing as a discovery opportunity for the underlying criminal case, not merely as a separate administrative matter.
How Long a Suspension Lasts
If a suspension is upheld, or if no hearing is requested at all, the length of the suspension depends on whether the case involved a failed test or a refusal, and whether the driver has a prior alcohol-related enforcement contact within the preceding ten years. The general ranges are as follows: a first failed test typically results in a 90-day suspension, while a failed test with a qualifying prior contact typically results in a one-year suspension. A first refusal typically results in a 180-day suspension, while a refusal with a qualifying prior contact typically results in a two-year suspension. Different and generally shorter tiers apply to minors under Texas’s zero-tolerance framework, and different, often longer disqualification periods apply to commercial driver’s license holders, for whom even a first offense can result in a full year of disqualification from operating a commercial vehicle.
Occupational Licenses: Driving During a Suspension
A driver facing an ALR suspension is not necessarily without options for the duration of the suspension. Texas allows a driver to petition a court for an Occupational Driver License, commonly called an ODL, which permits limited driving for essential purposes such as work, school, and household needs, subject to restrictions the court sets on hours and purpose. Obtaining an ODL generally requires filing a petition, maintaining SR-22 insurance, and in many cases installing an ignition interlock device, and Texas offers both an essential-need ODL and an interlock-based ODL, with the interlock version avoiding certain waiting periods that apply to the essential-need version.
One detail catches people off guard. If a driver has had an alcohol or drug-related enforcement contact within the five years preceding the current arrest, Texas Transportation Code Section 524.011 imposes what is often called a 90-day hard suspension, during which no occupational license is available at all, regardless of need. A driver is also generally disqualified from a pre-conviction occupational license if they have already been issued two occupational licenses within the preceding ten years. Understanding whether these restrictions apply before assuming an ODL will bridge the gap during a suspension is essential to planning realistically for the weeks ahead.
Frequently Asked Questions: Texas ALR Process and DWI License Suspension
1. How long do I have to request an ALR hearing after a DWI arrest in Texas?
You generally have 15 calendar days from the date of arrest to request an Administrative License Revocation hearing. If a suspension is based on a blood test result rather than a breath test or refusal, Texas law generally allows 20 days instead of 15, reflecting the additional processing time blood tests require.
2. What happens if I miss the deadline to request an ALR hearing?
If the deadline passes without a request, your license is automatically suspended on the 40th day after the arrest. There is no hearing, no appeal, and no way to contest the suspension once the deadline has passed.
3. Is the ALR case the same as my criminal DWI case?
No. The ALR case is a civil administrative proceeding handled by the Texas Department of Public Safety through the State Office of Administrative Hearings, and it is entirely separate from the criminal DWI case prosecuted by the district attorney’s office. You can win the ALR hearing and still face the criminal charge, and you can lose the ALR hearing and still see the criminal case reduced or dismissed.
4. What does DPS have to prove at an ALR hearing?
For a test failure, DPS must prove by a preponderance of the evidence that the officer had reasonable suspicion for the stop or probable cause for the arrest, and that a breath or blood sample showed a blood alcohol concentration of 0.08 or higher. For a refusal, DPS must prove the officer had valid grounds for the stop or arrest and that the driver was properly warned of the consequences of refusing before declining the test.
5. How long does a Texas ALR suspension last?
Suspension length depends on whether the case involved a failed test or a refusal, and whether the driver has a prior alcohol-related enforcement contact within the preceding ten years. General ranges are 90 days for a first failed test, one year for a failed test with a qualifying prior, 180 days for a first refusal, and two years for a refusal with a qualifying prior.
6. Can I still drive during an ALR suspension?
In many cases, yes, through an Occupational Driver License, which permits limited driving for work, school, and essential household needs under restrictions set by the court. Obtaining one generally requires a court petition, SR-22 insurance, and in many cases an ignition interlock device.
7. Is there ever a period where I cannot get an occupational license at all?
Yes. Under Texas Transportation Code Section 524.011, if you have had an alcohol or drug-related enforcement contact within the five years preceding your current arrest, a 90-day hard suspension applies during which no occupational license is available, regardless of need.
8. Why should I request an ALR hearing if I might lose it anyway?
Requesting the hearing forces the arresting officer to testify under oath, subject to cross-examination, well before the criminal case reaches trial. That early sworn testimony often becomes valuable groundwork for the criminal defense, surfacing inconsistencies or procedural weaknesses that might not otherwise come to light until much later in the case.
9. Does winning my criminal DWI case automatically restore my license?
Not automatically, though certain outcomes can affect the ALR suspension. Under Texas Transportation Code Section 724.048, certain acquittals in the criminal case can bar or rescind an ALR suspension in specific circumstances. Outside of that narrow exception, the two cases generally proceed and resolve independently.
10. What is the DIC-25, and when do I get one?
The DIC-25 is the written notice of suspension an officer is required to issue at the time of a DWI arrest when a test result of 0.08 or higher is obtained or a test is refused. It serves as a temporary driving permit valid for 40 days from the arrest date and starts the clock on the deadline to request an ALR hearing.
11. Do different suspension rules apply to drivers under 21?
Yes. Texas applies a zero-tolerance framework to minors, with generally shorter suspension periods that still escalate for repeat violations and for refusals, distinct from the tiers that apply to adult drivers.
12. Do commercial driver’s license holders face different consequences?
Yes. Commercial driver’s license holders generally face longer and more severe disqualification periods, and in some circumstances a single enforcement contact can result in a full year of disqualification from operating a commercial vehicle, separate from any suspension affecting a personal, non-commercial license.
13. Can I request an ALR hearing myself without an attorney?
You can request the hearing on your own, but the hearing itself involves cross-examining a police officer under the rules of evidence in front of an administrative law judge, and DPS’s evidentiary burden, while described as a preponderance of the evidence, is met successfully in a large share of these hearings. Because the hearing testimony can also shape the criminal defense strategy, most people benefit from experienced counsel handling both the request and the hearing itself.
14. What happens at the hearing if I do not show up after requesting it?
Failing to appear at a properly requested ALR hearing generally results in the suspension being upheld by default, similar to missing the deadline altogether, so requesting the hearing is only the first step and must be followed through.
15. Why does Barton and Associates request an ALR hearing for every DWI client?
Because the alternative, an automatic suspension with no opportunity to contest it and no early sworn testimony from the arresting officer, is a preventable cost we do not believe a client should absorb by default. We request the hearing as a standard part of our DWI representation at no additional charge, and we use it both to fight for the license and to begin building the criminal defense.
How This Plays Out for Our Clients
Every DWI client we represent gets an ALR hearing request filed as a standard part of our representation, at no additional charge, because the alternative, an automatic suspension with no opportunity to contest it or to lock in early sworn testimony, is a cost we are not willing to let a client absorb by default. We prepare for these hearings the way we prepare for any other proceeding: reviewing the arrest report, the officer’s certification and training records where relevant, and the specific facts of the stop, the arrest, and the testing procedure, before deciding how aggressively to press each element DPS is required to prove.
If you were arrested for DWI anywhere in Bexar County, Travis County, or Nueces County within the last several days, the ALR clock is already running whether or not anyone has told you so. Contact Barton & Associates, Attorneys at Law, today for a free, confidential consultation, and we will confirm your deadline, request your hearing if it has not already been requested, and begin building your defense on both tracks at once.
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
Schedule a Free Consultation
Disclaimer
This page is intended for general informational purposes only and does not constitute legal advice. Texas Administrative License Revocation procedures and suspension lengths are governed by Chapters 524 and 724 of the Texas Transportation Code and are subject to amendment by the Texas Legislature. Deadlines and outcomes depend on the specific facts of each arrest, and this guide is not a substitute for a consultation with a licensed Texas DWI defense attorney about your specific situation.
