An Administrative License Revocation hearing can give you a chance to challenge the license suspension after a DWI-related test refusal or failed breath or blood test. It's separate from your criminal DWI case, and you generally must request it within 15 days after receiving the DIC-25 notice.
After a DWI arrest, many people focus only on jail, court, or whether the charge will stay on their record. Those issues matter, but your driver's license may be at risk much sooner.
If you were arrested for DWI in San Antonio, you may want to look at the license issue right away. DPS can deny your ALR hearing request if you miss the deadline. The suspension can take effect on the 40th day after the notice was served.
San Antonio DWI License Suspension Attorney
After a DWI arrest in San Antonio, you may have to deal with two separate cases simultaneously. One is the criminal DWI case in Bexar County. The other is the ALR case handled through the Texas Department of Public Safety (DPS) and the State Office of Administrative Hearings (SOAH).
Your record can be affected by the criminal case. But the ALR case focuses on your driver's license or driving privilege. That means the license issue can move forward even while the criminal DWI case is still pending.
At Michael & Associates, we help our clients review the paperwork quickly after a DWI arrest. Our defense lawyers can review whether you received a DIC-25 notice, whether you refused or failed the breath or blood test, and whether there's still time to request an ALR hearing.
What If You Refuse a Blood/Breath Test After a DWI Arrest?
Texas has an implied consent law. This means that, after a DWI arrest, Texas law treats you as having consented to a breath or blood test, subject to the statute. If you refuse a legally requested test after arrest, DPS may seek an administrative license suspension.
A test refusal does not automatically make you guilty of DWI. But it can still result in a separate ALR case in which DPS tries to suspend your driver's license.
Under Texas Transportation Code § 724.035, the possible suspension periods for adult, non-commercial drivers are:
- 180 days for first refusal with no qualifying prior alcohol/drug enforcement contact
- 2 years for test refusal with a qualifying prior alcohol/drug enforcement contact within 10 years
Note: Even if the DWI criminal case is later dismissed or reduced, a person can still face a license suspension if the refusal case is not successfully challenged through the ALR process.
What If You Fail a Blood/Breath Test After a DWI Arrest?
For ALR failed test cases involving adult, non-commercial drivers in Texas, the blood alcohol concentration (BAC) threshold is 0.08% or higher. If a breath or blood test shows a BAC of 0.08% or more, DPS may seek an administrative license suspension.
These are the possible license suspensions for failing the DWI chemical testing under Texas Transportation Code § 524.022:
- 90 days for a failed test with no qualifying prior alcohol/drug enforcement contact
- 1 year for a failed test with a qualifying prior alcohol/drug enforcement contact within 10 years
What Happens at an ALR Hearing in San Antonio?
At an ALR hearing, DPS has the burden of proof. That means they must prove the required issues by a "preponderance of the evidence," which usually means the facts are more likely to be true.
DPS will present the evidence first. They may use documents filed before the hearing, such as the arrest report, breath/blood test paperwork, test results, and the driver's record.
To challenge the license suspension, you may present evidence, raise objections, subpoena witnesses, and question witnesses if they appear. But if you're planning to question the arresting officer, you'll need a subpoena. DPS is not required to bring the arresting officer unless the officer has been properly subpoenaed.
Note: The ALR hearing differs from many criminal court situations where a qualified person may be appointed counsel. SOAH states that the administrative law judge will not appoint an attorney for you. So, you may represent yourself or hire an attorney.
Why Request an ALR Hearing?
An ALR hearing is not only about preventing a license suspension. It may also provide an opportunity to obtain testimony and evidence early in the case. The arresting officer may be required to testify under oath if properly subpoenaed. That testimony can sometimes reveal weaknesses, inconsistencies, or procedural issues that may later become important in the criminal DWI case.
What Happens If You Miss the 15-Day ALR Deadline?
If you miss the 15-day ALR deadline, you may lose the chance to challenge the administrative license suspension. DPS states that ALR hearing requests made after the deadline will be denied. That can mean the administrative suspension goes into effect without a hearing.
But missing the ALR deadline does not mean you have been convicted of DWI. And it also does not mean your criminal case is over. The ALR case and the Bexar County DWI case are separate.
Determining Factors at an ALR Hearing
At an ALR hearing, the administrative law judge looks at specific legal issues. The issues depend on whether the case involves a test refusal or a failed breath or blood test.
In a test refusal case, the judge may consider the following:
- Did the officer have reasonable suspicion to stop the driver or probable cause to arrest the driver?
- Did the officer have probable cause to believe the person was driving while intoxicated?
- Was the person placed under arrest?
- Did the officer request a breath or blood specimen?
- Did the person refuse to provide the specimen?
In a failed test case, the judge may consider the following:
- Did the officer have reasonable suspicion to stop the driver or probable cause to arrest the driver?
- Did the driver have a BAC of 0.08% or more while operating a motor vehicle in a public place?
These issues can overlap with the criminal DWI defense. But the ALR judge is deciding the license suspension, not whether the person is guilty of DWI.
Possible Results of a DWI License Suspension Hearing
Most ALR hearings can have either of the following outcomes:
- The judge may authorize the suspension
- The judge may deny the suspension, which means DPS does not get the authority to impose the administrative suspension
According to SOAH's Driver's License Hearing Guide, the judge usually prepares a written decision within four business days after the hearing. If DPS proves the required issues, the judge must authorize the suspension for the period provided by law. But if DPS is unable to prove its case, the judge would deny the license suspension.
If you win the ALR hearing, it doesn't automatically dismiss the DWI case. And if you lose, it doesn't automatically mean you'll be convicted. They are separate proceedings with different rules and consequences.
Can You Still Drive After an ALR Suspension?
If the ALR suspension goes into effect, you may need to consider whether you qualify for an occupational driver's license (ODL). This temporary license may allow limited driving for essential needs during a suspension.
An occupational driver's license is handled separately, and the ALR judge doesn't have the authority to issue one. Additionally, not everyone qualifies immediately, and some drivers may face waiting periods.
Note: An ODL cannot be issued for purposes of operating a commercial motor vehicle during a license suspension.
Helpful DWI Resources
- Texas DPS ALR Hearing Request Form: Use this form to request an ALR hearing after a DWI-related notice of suspension.
- Texas DPS Notice of Suspension (DIC-25): This is the notice many drivers receive after a DWI test failure or refusal.
- SOAH Driver's License Hearings Forms: SOAH provides forms related to driver's license hearings, including subpoena forms used in administrative license cases.
- Texas DPS Occupational Driver License Information: Here, you'll find information on occupational driver licenses for people whose license has been suspended, revoked, or denied for certain reasons.
Ask a Lawyer for Help With Your ALR Hearing
If you were arrested for DWI in San Antonio, don't wait for the first criminal court date to think about your license. The ALR deadline can arrive long before your DWI case is resolved in Bexar County. A good first step is to check the paperwork and confirm whether the hearing deadline is still open.
Before the hearing, Michael & Associates can help review the case from both angles (ALR and criminal case). RC Pate, who leads our San Antonio DWI defense team, has earned the American Chemical Society's Lawyer-Scientist designation. This advanced training focuses on breath testing, blood testing, toxicology, and the forensic science commonly used in DWI prosecutions and ALR proceedings.
If DPS suspends your license, we can also discuss whether an occupational driver's license may help you keep driving for work, school, childcare, court, treatment, and other essential needs.
Contact us for a free case review.
Last updated in June 2026. Reviewed for accuracy by Michael & Associates criminal defense attorneys.
