Getting arrested for a DWI in Texas triggers two entirely separate legal proceedings. While most people focus heavily on the criminal case in court, upon citation, your driver’s license is suspended through a civil process known as Administrative License Revocation (ALR).
Understanding how the ALR process works and acting quickly is the only way to protect your driving privileges and prevent an automatic suspension.
What Is an ALR Hearing?
An Administrative License Revocation hearing is a civil administrative process overseen by the Texas State Office of Administrative Hearings, not a criminal court judge. During this process, the Texas Department of Public Safety is trying to suspend your driver’s license.
The ALR process is triggered if you either refuse to submit to a breath or blood test following your arrest or if you provide a specimen that shows a blood alcohol concentration of 0.08% or higher. Because Texas enforces an implied consent law, drivers are legally deemed to have consented to chemical testing upon arrest, and refusing the test carries a penalty.
The 15-Day Deadline
The most critical aspect of the ALR process is the very strict timeframe. You have exactly 15 days from the date you receive your suspension notice (usually the date of your arrest) to formally request an ALR hearing.
If you request your hearing by the deadline, your suspension will be temporarily paused. You will be able to continue driving while waiting for your hearing to be scheduled.
If you don’t request your hearing by the deadline, you basically forfeit your right to contest the suspension. Your driver’s license will automatically be suspended on the 40th day following your arrest.
Potential License Suspension Periods
The length of a suspension depends on a few factors. Specifically, whether or not you refused the breath or blood test, and whether you have any prior alcohol-related citations.
- First offense test refusal: 180-day license suspension.
- First offense test failure (0.08 percent BAC or higher): 90-day license suspension.
- Subsequent test refusal within 10 years: Up to 2 years’ license suspension.
- Subsequent test failure within 10 years: Up to 1 year license suspension.
Commercial drivers face penalties that are even more strict, including a minimum one-year disqualification of their commercial driver’s license for a first offense, even if they were driving a personal vehicle.
At the Hearing
Just getting the ALR hearing isn’t necessarily a free win for the state. To uphold the suspension, the Texas DPS carries the burden of proof and must establish a specific set of facts before the judge.
For a chemical test refusal, DPS must prove:
- Law enforcement had reasonable suspicion to stop your vehicle or probable cause to detain you.
- Probable cause existed to believe you were driving in a public place while intoxicated.
- You were placed under arrest and properly asked to submit to a breath or blood test.
- You refused to submit to the requested test when the officer requested it.
For a chemical test failure, DPS must prove:
- Law enforcement had reasonable suspicion to stop you or probable cause to arrest you.
- You had a blood alcohol concentration of 0.08% or higher while operating a vehicle.
If DPS fails to establish even one of these facts, the judge will deny the suspension, allowing you to keep your driver’s license.
Strategic Benefits of Fighting the ALR Suspension
Even if winning an ALR hearing can be challenging, requesting one is a vital component of a thorough criminal defense strategy.
First, requesting the hearing buys you valuable time. It prevents your license from being suspended on the 40th day after your arrest and keeps you driving legally for weeks or months while the hearing is pending.
Second, the ALR hearing provides a crucial discovery tool for your defense attorney. Your attorney can subpoena the arresting officers to testify under oath. Cross-examining the officer early in the process gets you a sworn transcript of their testimony, exposes weaknesses in the traffic stop or field sobriety tests, and gathers evidence that can be used to challenge the criminal DWI charges in court.
What Happens if Your License Is Suspended?
If you get your license suspended after an ALR hearing, or if you missed the deadline, you may still have options to maintain very basic driving privileges. Most drivers qualify for an Occupational Driver License, also called an essential need license.
An Occupational Driver License allows you to drive legally for specific essential activities, including:
- Driving to and from work or job-related duties.
- Attending school or university classes.
- Essential errands like grocery shopping and medical visits.
Getting an occupational license requires filing a petition with the court, providing proof of SR-22 financial responsibility insurance, and, in some cases, installing an ignition interlock device on your vehicle.
Contact Spiegelhauer Law for Assistance
If you or your college student was recently arrested for a DWI in Bryan-College Station or anywhere in the Brazos Valley, you can’t afford to wait. The 15-day ALR deadline will come quickly, and missing it means losing your license.
Spiegelhauer Law handles every aspect of DWI defense, from requesting your ALR hearing and fighting license suspension to defending your rights in criminal court. Call 979-450-7250 or contact us through our website to schedule a consultation.
