An Administrative License Revocation (ALR) hearing gives you the opportunity to challenge a proposed driver's license suspension after a DWI-related breath or blood test issue. In most cases, you have only 15 days from receiving a DIC-25 or other suspension notice to request the hearing.
Requesting an ALR hearing is one of the most important steps you can take after a Houston DWI arrest. Getting around Harris County and the Houston area can be extremely challenging without a car. Filing a timely request generally delays any proposed driver's license suspension until an administrative judge issues a decision, giving you the opportunity to challenge the suspension before it takes effect.
The ALR case is completely separate from your criminal DWI case. Even if your criminal charges are still pending, the Texas Department of Public Safety can suspend your driver's license through the ALR process. Because a license suspension can make it difficult to get to work, school, childcare, court, medical appointments, and other essential obligations, it is important to take both cases seriously from the beginning.
Houston DWI License Suspension Attorney
A DWI arrest in Houston can create two separate legal problems: the criminal DWI case and the ALR license case.
In Harris County, felony DWI cases are handled by district courts, while Class A and Class B misdemeanor DWI cases are handled by the Harris County Criminal Courts at Law. For the ALR case, it may be handled by the Texas Department of Public Safety and the State Office of Administrative Hearings (SOAH).
You can trigger the ALR case by either:
- Refusing a requested breath or blood test
- Failing a breath or blood test by having a BAC of 0.08 or higher
It is possible to win the ALR hearing but still face the criminal DWI case. On the other hand, a person may lose the ALR case but still have defenses in criminal court. To get early legal advice and representation for both cases, contact Michael & Associates today.
Led by Board-certified Criminal Law specialist Charles Pelowski, whose practice includes advanced forensic science training for toxicology and blood-testing evidence, our DWI lawyers in Houston can help review both your criminal and ALR cases. We can examine the stop, arrest, testing process, DIC-25 notice, and whether the ALR hearing request can still be filed on time.
What Happens if You Refuse a Breath or Blood Test After a DWI Arrest in Houston?
Texas has an implied consent law. So, a person arrested for DWI in Houston is treated as having consented to provide a breath or blood specimen when an officer makes a legally authorized request.
If you refuse a breath or blood test after a DWI arrest, it does not automatically prove guilt in the criminal DWI case. However, it can create a separate ALR license suspension issue, even if the criminal case is later reduced, dismissed, or resolved without a DWI conviction.
For most adult, non-commercial drivers, the possible ALR suspension periods for refusal under Texas Transportation Code § 724.035 are:
|
Prior Alcohol- or Drug-Related Enforcement Contact |
Possible Suspension Period |
|
No qualifying contact within the prior 10 years |
180 days |
|
One or more qualifying contacts within the prior 10 years |
2 years |
Prior alcohol- or drug-related enforcement contacts can include certain prior intoxication-related convictions, test refusals, and test failures that resulted in a suspension or similar enforcement action.
Note: Refusing does not always stop testing. An officer may apply for a warrant if the person refuses to provide a specimen.
What Happens if You Fail a Breath or Blood Test After a DWI Arrest in Houston?
After getting arrested for DWI in Houston and failing the breath or blood test, it does not mean the criminal DWI case is already decided. Breath and blood test results can still be challenged.
However, the Texas Department of Public Safety (DPS) may seek a license suspension when a breath or blood test shows a BAC of 0.08 or higher. This administrative issue is separate from the criminal case, where prosecutors must prove intoxication beyond a reasonable doubt.
For most adult, non-commercial drivers, the possible ALR suspension periods for a failed test under Texas Transportation Code § 524.022 are:
|
Prior Alcohol- or Drug-Related Enforcement Contact |
Possible Suspension Period |
|
No qualifying contact within the prior 10 years |
90 days |
|
One or more qualifying contacts within the prior 10 years |
1 year |
Note: Minors, commercial drivers, out-of-state license holders, and people with other active suspensions may face different or additional consequences.
How Does the ALR Hearing Process Work in Houston?
Here's a quick overview of a typical ALR process:
- DWI arrest.
- Breath or blood test refusal, or breath or blood test result of 0.08 or higher.
- Service of a notice of suspension or denial.
- ALR hearing request.
- SOAH scheduling notice.
- Review of DPS documents and evidence.
- Possible subpoenas for witnesses.
- Hearing before an administrative law judge.
- Written decision on whether the suspension is sustained or denied.
The hearing may be less formal than a criminal trial, but it is still a legal proceeding. Evidence rules, filing requirements, subpoena rules, objections, and deadlines can all matter.
Note: Administrative law judges conduct ALR hearings. If you plan to represent yourself, you must follow the procedures carefully. Remember, SOAH staff cannot give legal advice. Also, testimony given under oath at an ALR hearing may be used in the criminal case.
Why Request an ALR Hearing?
Even if the license suspension case seems hard to beat, you should strongly consider requesting an ALR hearing if you want to:
- Challenge the suspension
- Delay the proposed suspension while the case is pending
- Preserve an early opportunity to review DPS evidence
What Happens if You Miss the ALR Hearing Deadline?
Since the ALR hearing is not automatic, you must request it on time. Otherwise, missing the deadline can have serious consequences. DPS may deny a late hearing request, and the proposed suspension can take effect without an ALR hearing.
- Notices served in person after an arrest: The suspension usually begins on the 40th day after the notice if no timely hearing request is made.
- Notices mailed after a later blood test result: The effective date depends on the notice and applicable statutory timing.
What Does DPS Have to Prove at an ALR Hearing?
It depends on whether the case involves a refusal or a failed test.
In a refusal case, the administrative law judge considers whether:
- The person was placed under arrest
- Reasonable suspicion or probable cause existed to stop or arrest the person
- The officer requested a breath or blood specimen
- Probable cause existed to believe the person was operating a motor vehicle in a public place while intoxicated
- The person refused to provide the specimen
Texas Transportation Code § 724.042 lists the issues for refusal hearings and DPS must prove these required issues by a preponderance of the evidence.
In a failed-test case, DPS generally must prove by a preponderance of the evidence that:
- The person had a BAC of 0.08 or higher while operating a motor vehicle in a public place
- Reasonable suspicion to stop or probable cause to arrest existed
Texas Transportation Code § 524.035 lists the issues for failed-test hearings and uses a preponderance-of-the-evidence standard. This standard is lower than the "beyond a reasonable doubt" standard used in the criminal DWI case.
Possible Results of a Houston ALR Hearing
If DPS proves every required issue, the administrative law judge may sustain the suspension. But if DPS does not prove the required issues, the judge may deny the proposed suspension.
Winning the ALR hearing will not automatically dismiss the criminal DWI case. But if you lose the ALR hearing, it does not automatically mean you will be convicted of DWI.
Can You Drive While Waiting for the ALR Hearing?
Usually, yes, you may still drive if you request the ALR hearing on time and your license is otherwise valid.
A timely hearing request generally delays the proposed suspension until the administrative law judge issues a final decision. However, this does not fix every license problem.
You may still be unable to drive if you have another suspension, an expired license, a bond condition, an ignition interlock restriction, a commercial driver issue, or another DPS hold.
Can You Get an Occupational Driver's License After an ALR Suspension?
Possibly. An occupational driver's license (ODL), also called an essential-needs license, may allow limited driving after a suspension. It is a special restricted license for certain people whose license has been suspended, revoked, or denied. However, it cannot be issued to operate a commercial motor vehicle, as stated in Texas Transportation Code § 521.242.
An ODL may allow limited driving for essential needs, such as:
- Work or job-related travel
- Looking for or pursuing work
- Transportation to and from school if the person is enrolled
- Essential household duties, which may include necessary family or medical responsibilities if the court approves them
The court order should spell out when, where, and why the person may drive.
Note: An ALR judge cannot issue an occupational driver's license. In Houston, you may need to file a separate petition with a court, obtain a signed order, meet insurance requirements, and submit required documents and fees to DPS.
Texas Transportation Code § 521.2421 requires an ODL petition to describe the person's essential need, the reason for the suspension, evidence of financial responsibility, and a certified abstract of the complete driving record.
Helpful DWI Resources
- Texas DPS Administrative License Revocation Hearing Request: Online request portal for drivers seeking an ALR hearing after receiving a DWI-related suspension notice.
- DPS ALR Program Information: Overview of the administrative suspension process, notices, and hearing deadlines.
- SOAH ALR Guide for Self-Represented Litigants: Explains ALR hearing procedures, evidence, subpoenas, filings, and virtual hearing requirements.
- Occupational Driver's License Petition: Harris County court resource for people seeking a court order for an occupational driver's license.
Ask a DWI Lawyer for Help With Your ALR Hearing in Houston
Even a short license suspension can create major problems for people who work across Harris County, commute into downtown, travel to the Texas Medical Center, drive to job sites, or care for children and relatives.
So if you were arrested for DWI in Houston, do not wait for the first court date to consider the driver's license issue. The ALR deadline may pass long before the criminal DWI case is resolved, and a missed deadline can limit available options.
Our DWI defense attorneys can review the arrest paperwork, identify the applicable deadline, evaluate the alleged refusal or test result, and examine whether issues with the stop, arrest, or testing may affect the ALR case. We can also assess how the license case may intersect with the criminal DWI defense.
