In Fort Worth, an Administrative License Revocation (ALR) hearing lets you challenge a driver's license suspension case stemming from a DWI test refusal or a test result showing a BAC of 0.08 or higher. The ALR process is separate from the criminal case, so your license may be suspended even while your DWI criminal case is pending.
Many people focus on the criminal case and overlook the separate ALR process. But if you miss the deadline to request a hearing, you may lose your chance to challenge the suspension, which generally requires requesting an ALR hearing within 15 days of receiving the notice. In refusal cases, the officer typically provides notice at the time of arrest. In failed-test cases, DPS may mail the notice after receiving the test results, which can affect when the deadline begins.
Fort Worth ALR Hearing Attorney
Do not ignore your ALR notice. If you miss the deadline to request an ALR hearing, you generally lose the opportunity to challenge the proposed suspension through the normal administrative process. Your driver's license suspension may then take effect without a hearing. Depending on the case, the suspension generally takes effect on the 40th day after notice is served or deemed received.
Having a good DWI defense lawyer at your side as early as possible can help you avoid this critical mistake. But don't assume court-appointed attorneys can help, as they aren't assigned to ALR hearings.
At Michael & Associates Criminal Defense Attorneys, our experienced senior trial attorneys can help challenge an ALR suspension. In Fort Worth, our DWI defense team is led by Zach Redington, who has over 20 years of experience defending criminal cases, including DWI, in state and federal court.
We can review both your criminal DWI case and ALR proceeding, including the DIC-24 statutory warning, any DIC-25 notice, and the relevant service dates. We can immediately check whether we still have time to request the hearing.
A timely ALR hearing request generally delays the proposed suspension until the hearing is held and the administrative law judge issues a decision.
Although ALR hearings are separate from criminal DWI trials, our attorneys prepare carefully and pay close attention to the evidence in both proceedings. In 2025, our firm achieved a 63.6% favorable outcome rate in DWI jury trials, including acquittals, dismissals, and directed verdicts.
Can You Refuse a Breath or Blood Test During a DWI Stop?
Yes, you can refuse a breath or blood test in Fort Worth. However, Texas has an implied consent law, which means that after you've been lawfully arrested for certain intoxication offenses, you're generally considered to have agreed to provide a breath or blood specimen.
Even if you refuse the test, it won't prevent the police from seeking a warrant. If a judge issues a blood warrant, officers may obtain a blood specimen as authorized by the warrant, despite your refusal.
Note: Before requesting the breath or blood specimen, the officer should give you written and oral warnings about the possibility of a blood warrant, license suspension, and using the refusal as evidence.
What Triggers an ALR Suspension in Fort Worth?
Most adult, non-commercial drivers who refuse or fail a breath or blood test after a DWI arrest in Fort Worth can trigger an ALR case.
Test refusal:
The license suspension is 180 days if you have no qualifying enforcement contact during the previous 10 years. But if you have one or more qualifying contacts during the last 10 years, the suspension is 2 years.
Failed test:
You may not have refused the test. But if your specimen showed a BAC of 0.08 or higher, the license suspension is 90 days if you have no qualifying enforcement contact in the last 10 years. If you have one or more qualifying contacts in the last 10 years, the suspension is 1 year.
A qualifying alcohol- or drug-related enforcement contact is not limited to a prior DWI conviction. It can include a license suspension, disqualification, or prohibition resulting from a qualifying intoxication conviction, breath or blood test refusal, or failed test. Even if the qualifying contact happened in another state, it may also count.
Note: If you hold a commercial driver's license (CDL), you may face a separate disqualification rule, even if you were driving a personal vehicle at the time of the DWI arrest. Drivers under 21 may face administrative action under the Texas Zero Tolerance law.
How Does the ALR Process Work in Fort Worth?
Although your criminal DWI case may proceed in a Tarrant County court, your ALR hearing is a separate administrative proceeding handled through the State Office of Administrative Hearings (SOAH).
After a DWI test refusal or failure triggers the ALR process, you can expect these steps to follow:
- The arresting officer may provide a notice of suspension and temporary driving permit, often using Form DIC-25, and confiscate your driver's license. In failed-test cases, DPS may issue the suspension notice later, after receiving the test results.
- To challenge the suspension, you generally must request an ALR hearing within 15 days after receiving the applicable notice. The deadline is based on the notice date, not your first criminal court appearance.
- If you successfully filed the hearing request, the SOAH will schedule your ALR hearing. They'll send you a notice that states the date, time, and other details of your hearing.
- Attend the ALR hearing before an administrative law judge. During the hearing, your lawyer can cross-examine the officer and challenge the evidence presented against you.
- Await the judge's decision. If the judge rules in your favor, DPS will not uphold the proposed suspension in your ALR case. However, other license suspensions or restrictions may still apply.
What Happens if You Miss the 15-Day ALR Deadline?
If you miss the ALR deadline, the suspension generally takes effect automatically. Still, missing the ALR deadline doesn't mean you're admitting guilt to the DWI charge. It also won't determine the outcome of your criminal case in Tarrant County.
The Texas Department of Public Safety (DPS) will not automatically set the hearing for your ALR case. You or your lawyer must request the hearing for the license case before the deadline.
Note that the ALR deadline is usually 15 days after you received, or presumed to have received, the notice. It's not calculated from the date of the related first criminal court setting.
If you hired a lawyer after you missed the ALR deadline, your lawyer may still check:
- Whether the notice was properly issued
- The actual date you received the notice
- Whether the notice was sent to your correct address
Can You Drive While Waiting for a Fort Worth ALR Hearing?
Yes, you may still drive while waiting for your ALR hearing if you meet the following:
- You requested the ALR hearing before the deadline
- Your Texas driver's license is valid
- You don't have other unrelated suspension, revocation, or court order preventing you from driving
If you request an ALR hearing before the deadline, the proposed suspension generally remains on hold while your case is pending. You may continue driving as long as your license remains valid and no other suspension or restriction prevents you from doing so.
But even if the ALR suspension is postponed, it won't cancel the bond conditions the magistrate set before your release. So, make sure to comply with all bond-related restrictions (i.e., using an ignition interlock device).
Can You Get an Occupational Driver's License in Fort Worth?
It depends. Eligibility depends on your driving record, the reason for the suspension, and the court's findings.
If you're eligible for an occupational driver's license (ODL), you may be allowed to drive for approved essential needs, such as work, school, and essential household duties.
An ODL may restrict when, where, and why you can drive. However, certain occupational licenses requiring an ignition interlock device are exempt from the usual driving-hour, purpose, and route restrictions.
Real Fort Worth ALR Hearing Outcome
Location: Tarrant County, Texas
Case: Administrative License Revocation (ALR) Hearing Following First-Offense DWI Arrest
Timeline: Approximately five months from retention to final resolution
Following a first-offense DWI arrest, the client retained Michael & Associates after the 15-day ALR hearing deadline had passed. Fortunately, the client had already submitted a timely request for a hearing. Our attorneys took over the pending ALR proceeding and successfully secured its dismissal. Despite the favorable ALR outcome, the client faced additional driver's license complications related to a separate license suspension. Administrative delays and discrepancies in the Texas Department of Public Safety's records prevented the client from immediately obtaining an occupational driver's license, but the firm ultimately secured one.
Final Result: The ALR proceeding was dismissed, and the firm helped the client obtain an occupational driver's license to cover a separate license suspension, allowing eligible driving under the court's restrictions.
Helpful DWI Resources
- ALR Hearing Request Portal: The official DPS page for submitting an online request to contest a DWI-related administrative license suspension.
- SOAH Driver's License Hearings Schedule: Search for scheduled Texas driver's license hearings and ALR settings.
- Occupational Driver License Information: Lists the court order, fees, insurance documents, and other materials that must be submitted before DPS issues an occupational license.
Ask a DWI Lawyer for Help With Your Fort Worth ALR Hearing
By the time you make your first appearance at the Tim Curry Criminal Justice Center, the deadline to challenge your driver's license suspension may already have passed. You generally have just 15 days after receiving your ALR notice to request a hearing, even if your criminal DWI case hasn't reached court.
At Michael & Associates, our experienced Fort Worth DWI attorneys can review your ALR notice, determine your hearing deadline, and help you challenge the proposed suspension. Our team includes Ryan Eady, a board-certified criminal law specialist and former First Assistant District Attorney and Chief Felony Prosecutor.
Working alongside Janie Martin, who has earned the ACS-CHAL Lawyer-Scientist designation, our Fort Worth attorneys can examine the circumstances of your arrest, challenge questionable breath or blood test evidence, and identify potential defenses in both your ALR proceeding and criminal DWI case.
Don't risk losing your opportunity to challenge the suspension. Call Michael & Associates today to speak with an experienced Fort Worth DWI defense attorney.
