An administrative license revocation (ALR) hearing in Austin is a civil case that can result in suspension of your driver's license after a DWI arrest. It's separate from the DWI criminal case and usually starts moving right away. That's why timing and strategy are important.

Even if the criminal court date is still weeks away, you have to act fast. In most cases, you have 15 days from notice to request a hearing.

If you miss this deadline, you'll lose your right to challenge the administrative suspension, and you'll be at risk of having your license suspended twice (once during the administrative process and once as part of your criminal case).

DWI License Suspension Attorney in Austin

If you were arrested for DWI in Austin, Michael & Associates can review both the criminal case and the administrative license revocation case early. That includes checking the deadline, the notice you were given, and whether there may be grounds to fight the suspension or seek another option to keep you driving.

In Travis County, Michael & Associates' Austin-based APR hearing attorney will handle the process on your behalf.

She will:

File your hearing request on time
Cross-examine the officer
Challenge probable cause
Fight the suspension
Coordinate with your DWI defense

According to State Office of Administrative Hearing records obtained by Michael & Associates under the Texas Public Information Act, since 2022, 24% of defendants in Travis County have avoided license suspensions through the ALR process.

The ALR process isn't just a way to fight license suspension. It helps us understand the evidence the prosecution plans to present in your criminal case and determine the best way to approach your defense.

If you're dealing with an administrative license suspension in Austin, Travis County, or the surrounding areas, learn your options for protecting your license. Talk with one of our DWI lawyers today by calling (512) 729-8647 for your free consultation.

Texas DWI License Suspension Laws

Under Texas Penal Code § 49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated. As defined in § 49.01, "intoxicated" means either losing the normal use of mental or physical faculties due to alcohol, drugs, or another substance, or having a blood alcohol concentration (BAC) of 0.08 or higher.

The license hearing is separate from the criminal case and is governed by the Texas Transportation Code. In most adult DWI cases, the key ALR statutes are:

Refusal cases: Transportation Code Chapter 724
Failed test cases: Transportation Code Chapter 524

Since an ALR hearing is a civil process, it's not handled by a criminal court. Instead, the Texas Department of Public Safety (DPS) initiates the suspension process, and the SOAH conducts the hearing.

Refusing a Breath or Blood Test After a DWI Arrest

Under Texas's implied consent law, if a driver refuses to provide a breath or blood specimen after a DWI arrest, DPS may attempt to suspend the person's license through the ALR process.

DPS must prove its case by a preponderance of the evidence, a lower standard than in criminal court.

Even without a conviction, the usual adult suspension period under the Texas Transportation Code Section 724.035 is as follows:

First refusal: 180 days
If you had a prior intoxication-related arrest in the past 10 years: 2 years

Note: The license issue is separate from whether the person is later convicted of DWI. A person can face a refusal-based suspension even before the criminal DWI case is resolved.

What Happens if You Take the Test and Fail?

Some drivers are surprised to learn that taking a blood or breath test won't end the risk to their license. If a driver gives a specimen and the result is at or above the legal limit, DPS can also seek a suspension through ALR.

Under the Texas Transportation Code Sections 524.022 and 524.023, the period of suspension for a BAC of 0.08 or higher is as follows:

First offense: 90-day suspension
With a prior alcohol- or drug-related enforcement contact within 10 years: 1 year

Note: A failed test can trigger this separate ALR civil suspension case even while the criminal DWI case is still pending.

How the Administrative License Revocation Hearing Process Works in Austin

The ALR process moves fast.

Here are the usual steps:

Arrest and notice issued
The hearing request deadline starts immediately
DPS schedules a hearing (if requested)
Administrative law judge reviews the case
Decision issued

If you want to challenge the suspension, timing matters. It depends on your notice, so check it right away.

In many ALR cases, the hearing request must be made within 15 days of service of the notice.

But if a driver consented to a blood test and later receives a suspension notice by mail after the BAC result is received, the driver may have 20 days from the date the notice is mailed to request the hearing.

If you miss the ALR hearing request deadline:

Your license is automatically suspended
Suspension often begins around the 40th day after notice

What DPS Has to Prove at the Hearing

What DPS must prove depends on the kind of ALR case.

For refusal cases, DPS must prove:

Lawful stop or arrest
Request for a specimen
Refusal

Transportation Code Section 724.042 focuses on whether there was reasonable suspicion or probable cause for the stop or arrest, whether the person was arrested and asked to provide a specimen, and whether the person refused.

For failed test cases, DPS must prove:

Driving in a public place
BAC at or above the legal limit
Lawful stop and arrest

Transportation Code Section 524.035 focuses on whether the person had an alcohol concentration at the level described in Penal Code § 49.01(2)(B), whether the person was operating a motor vehicle in a public place, and whether there were legal grounds for the stop or arrest.

What Can Happen After the Hearing

At the end of the hearing, the administrative law judge decides whether DPS proved its case. If the judge finds DPS did not prove its case, the license will not be suspended. Otherwise, the license will be suspended.

Under the Transportation Code Section 524.041, a person who loses the ALR case may still be able to appeal. Generally, an appeal must be filed in a county or district court within 30 days of the administrative law judge's decision becoming final.

Can You Still Drive if Your License Gets Suspended?

Some drivers with a suspended, revoked, canceled, or denied non-commercial license may be eligible to apply for an occupational driver's license under Transportation Code Section 521.242.

An occupational license may allow a person to drive for:

Work
School-related activities
Essential household duties

Note that it can come with restrictions in some cases, such as:

Mandatory installation of an ignition interlock device (IID)
Limited hours or routes

Helpful DWI Resources

Texas DPS: Administrative License Revocation Program: This page explains how the ALR process works, how to request a hearing, and what happens after the hearing.
ALR Hearing Request Form: Use this online form to request an ALR hearing after a DWI arrest.
Occupational Driver License: Explains when a suspended driver may qualify for a restricted license for work, school, or essential household duties

Michael & Associates Can Help With an ALR Hearing in Austin

An ALR case can move faster than many people expect. And many drivers lose their licenses simply by missing the deadline or failing to properly challenge the case.

At Michael & Associates, we go beyond ALR representation. Our experienced Austin attorneys bring trial-tested experience to DWI defense, with a 50% outright win rate and 65% favorable outcomes in 2025 jury trials, according to internal case records. Outright wins” include not guilty verdicts, dismissals after jeopardy attaches, and directed verdicts.

If you were arrested for DWI in Austin, it's better to review the license case and the criminal case together.

Michael & Associates can help. We'll review the notice, the deadline, the basis for the stop, the testing issue, and whether there may be a path to challenge the suspension. We can also help request an occupational license for eligible individuals.