After a DWI arrest in Texas, you have a separate deadline to protect your driver’s license, and it’s short. When an officer serves you with a suspension notice after you refuse a breath or blood test or fail a breath test, you generally have 15 days from the date of service to request an Administrative License Revocation (ALR) hearing. If you took a blood test and the results come back later, the Department of Public Safety (DPS) mails a notice instead, and you generally have 20 days from the mailing date to request a hearing.
At the Gallian Firm, we defend people facing DWI charges in Dallas and across North Texas, and we handle the ALR process alongside the criminal case. Your fight becomes our fight, starting with the deadlines that can expire long before your first court date.
Contact the Gallian Firm at (214) 432-8860 to have your notice reviewed right away.
ALR Is Separate From the Criminal DWI Case
According to the Texas DPS ALR program, the ALR program is a civil administrative process that requires DPS to suspend your license if you’re arrested for DWI and refuse a breath or blood test, or provide a specimen with an alcohol concentration of 0.08 or more (0.04 or more in a commercial vehicle). DPS states that the ALR suspension is unrelated to the criminal court proceedings.
That separation matters in both directions. Winning the ALR hearing doesn’t dismiss your DWI charge, and losing it doesn’t mean you’ll be convicted. You can also face both an ALR suspension and a separate suspension from a DWI conviction arising from the same arrest.
When the 15-Day Deadline Applies
The 15-day deadline applies when an officer serves you with a notice of suspension at the time of arrest. This typically happens when you refuse a breath or blood test or when a breath test shows an alcohol concentration over the legal limit.
The notice is usually a form called a DIC-25, which DPS describes as the suspension notice that outlines the steps to request a hearing. Not every DWI arrest starts this clock in the same way, so the documents you received matter.
Count From the Date of Service, Not the Court Date
The 15 days run from the date the notice was served, which is usually the date of arrest, not your first court appearance or the date you hire a lawyer. If you request a hearing after the 15 days, DPS will deny the request. Keep your DIC-25 and any other paperwork from the arrest, and have an attorney review the dates immediately.
When DPS Uses a 20-Day Mailed-Notice Deadline
If you consented to a blood test, you generally won’t receive a suspension notice at the time of arrest because the results aren’t available yet. If the results later show a concentration above the legal limit, DPS mails you a Notice of Suspension, and you have 20 days from the date it’s mailed to request a hearing. If no hearing is requested, the suspension takes effect on the 40th day after the date the notice is presumed received. Because the clock starts with mailing rather than receipt, delays in mail delivery can shorten the time you actually have.
How to Request an ALR Hearing
DPS accepts hearing requests online, by mail, email, phone, or fax.
Requests should include your name, date of birth, driver’s license number and state, mailing address, phone numbers, the date and county of arrest, the arresting agency and officer, and whether the test was failed or refused. If you have an attorney, include your attorney’s name and contact information. DPS will send a letter with the hearing date, time, and location, and says to allow up to 60 days for the hearing to be scheduled.
A Timely Request Can Preserve the Right to a Hearing
Submitting the request on time preserves your right to contest the suspension before an administrative law judge. Keep confirmation of your request in case there’s a dispute later. A timely request doesn’t guarantee a particular outcome or that you’ll keep driving indefinitely, so check your specific documents and status with your attorney.
What DPS Must Address at the ALR Hearing
ALR hearings are conducted by the State Office of Administrative Hearings (SOAH), where an administrative law judge hears the evidence and decides whether DPS has proven its case. In a test failure case, the issues generally include whether there was reasonable suspicion or probable cause to stop or arrest you, whether there was probable cause to believe you were operating a vehicle while intoxicated, and whether your alcohol concentration was 0.08 or more. In a refusal case, the issues generally include whether the officer had the required legal basis for the stop and arrest, whether you were asked to give a specimen, and whether you refused.
If the judge finds DPS hasn’t proven its case, the suspension won’t take effect, and DPS refunds any associated reinstatement fees. If the judge rules against you, the suspension begins the day after the ruling. Failing to appear for the hearing results in a finding against you.
What Happens if No Hearing Is Requested on Time
If you don’t request a hearing within the deadline, the suspension generally takes effect on the 40th day after you were served notice. According to DPS, for drivers 21 and older, a first test failure carries a 90-day suspension and a second a one-year suspension. A first refusal carries a 180-day suspension, and a second a two-year suspension.
A $125 reinstatement fee is required, and DPS reports that an ALR stays on a driver record for 55 years. These administrative consequences are separate from any jail time, fines, or license suspension that could result from a criminal conviction.
Evidence From the ALR Case May Matter to DWI Defense Strategy
Although the ALR hearing doesn’t decide the criminal case, it can provide useful information, including:
- The officer’s report: The arresting officer’s written account of the stop, investigation, and arrest.
- Officer testimony: When the officer testifies under oath, those statements can become important later in the Dallas DWI defense case, especially if they differ from the report.
- Reasons for the stop and arrest: The stated basis for pulling you over and placing you under arrest.
- Field sobriety test administration: How the tests were explained, performed, and scored.
- The test request and any refusal: How the officer requested a specimen and what warnings were given.
- Test evidence: Breath or blood results, along with any records about the testing process.
- Video evidence: Dashcam or body camera footage that may confirm or contradict the officer’s account.
Every hearing is different, and not every ALR proceeding produces the same information, so the decision about how to approach the hearing should be part of your overall strategy.
Appeals and Occupational-License Questions Are Separate Steps
If the administrative law judge rules against you, DPS notes that the decision may be appealed, and appeals have their own deadlines. Separately, DPS says you may be eligible to apply for an occupational license to drive a noncommercial vehicle during a suspension. Eligibility requirements, required documents, and conditions such as ignition interlock devices vary, so these steps should be reviewed with your attorney.
Call Gallian Firm Quickly After a Dallas DWI Arrest
The Gallian Firm brings more than 50 years of legal experience and more than 60 jury trials to clients facing DWI charges and the license consequences that come with them. When you contact us, we review your notice to confirm which deadline applies, request the ALR hearing on your behalf, and use the hearing as part of a coordinated strategy for your criminal case.
Attorney Gregg Gallian and our team provide the dedication and strategic thinking needed to protect your license and your future. No outcome can be guaranteed, but acting quickly keeps your options open.
Contact Gallian Firm at (214) 432-8860 as soon as possible after your arrest.
Frequently Asked Questions
Is the Texas ALR deadline always 15 days?
No. The 15-day deadline applies when you’re served a suspension notice at arrest, usually after a refusal or failed breath test. If you consented to a blood test and DPS later mails a suspension notice based on the results, you generally have 20 days from the mailing date to request a hearing.
Can I still drive while an ALR hearing is pending?
It depends on your documents and whether you requested a hearing on time. If no hearing is requested, the suspension generally begins on the 40th day after notice. Check your specific notice and driver status, and have an attorney review your situation before assuming you can drive.
Does an ALR suspension mean I was convicted of DWI?
No. DPS describes ALR as a civil administrative process unrelated to the criminal DWI case. If you’re later acquitted or found not guilty and the court sends the verdict to DPS, the ALR suspension is removed and the reinstatement fee is refunded.