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Statistics: Chances of ALR Dismissal in Texas are Higher Than You Think

Ben Michael

Many of our clients ask whether it’s worth going through the ALR process. We believe it is, for reasons we will explain in a bit. However, data obtained via Texas’ Public Information Act show that 34% of defendants have had their cases dismissed since 2022.

The numbers show Harris County residents have the best odds of keeping their licenses. About 74% of the county’s 9,638 cases ended with no suspension. Only Montgomery County’s percentage was higher at 76%, but that county held significantly fewer hearings, at 2,354,

Data: ALR Case Outcomes in Texas

ALR stands for Administrative License Revocation hearing. Because this is an administrative process, the Texas Department of Public Safety has a low burden of proof. However, the state typically doesn’t release the outcomes of ALR hearings. 

To learn more about case outcomes, Michael & Associates obtained records from the State Office of Administrative Hearings (SOAH), which show that the success rate is higher than expected – 34% received an “Order Granting Motion to Dismiss,” and 42% managed to avoid a license suspension, which is considered a “win” for the defendant.

Since 2022, 53,090 ALR hearings have been held. Of those, 58% resulted in suspension. Six cases were disqualified.

OutcomeNumber of casesPercentage
Disqualification60%
No suspension22,44742%
Suspension30,63758%

READ MORE: Driver’s license suspension after DWI in Texas

Statistics: Outcomes by County

Harris County had the most total cases and one of the lowest suspension rates in the state at 74%. Denton and Tarrant counties had the highest suspension rates at 17%.

CountyNo suspensionSuspensionTotal casesPercentage without suspension
Montgomery1,7895652,35476%
Harris7,1482,4909,63874%
Galveston9533671,32072%
Fort Bend56628885466%
Brazoria7074021,10964%
El Paso35726662357%
Dallas1,5891,8543,46846%
Bexar1,5882,8814,46936%
Comal23862686428%
Brazos21057578527%
Hidalgo15246862025%
Collin5881,7532,34125%
Travis7332,2963,030 (one disqualification)24%
Hays12945658522%
Nueces14256370520%
Williamson2179591,17618%
Denton4812,3012,873 (one disqualification)17%
Tarrant5902,8783,46817%

READ MORE: DUI vs. DWI

Statistics show the odds of winning an ALR hearing are about 34%.

Statistics: Case Resolutions

About 5% walked away with no suspension because the Texas Department of Public Safety failed to prove their case. Another 21 people were granted an administrative dismissal or DPS default (the DPS representative failed to appear at the hearing).

Administrative decisionNumberPercentageOutcome
Order granting motion to dismiss17,83034%No suspension
Refusal 180 days11,56822%180-day suspension
Failure 90 days breath or blood10,38420%90-day suspension
Defendant default (DPS appears, but defendant does not appear)5,39210%Suspension, varied length
Refusal two years1,9014%Two-year suspension
Order granting request to waive hearing1,7573%No suspension
Negative-denial (This occurs when DPS has failed to prove the issues set out in Texas Transportation Code § 524.035)1,5783%No suspension
Negative-denial (This occurs when DPS has failed to prove the issues set out in Texas Transportation Code § 724.042)1,2572%No suspension
Failure one year8142%One-year suspension
Failure minor5261%60-120-180 day suspension
Boating (under Texas Transportation Code 724)29.05%180-day suspension
Boating (Under Texas Transportation Code 524)23.043%Varied suspension
Administrative dismissal11.02%No suspension
DPS default10.018%No suspension
One year affirmative commercial6.011%One-year disqualification
Negative commercial4.007%No suspension

A negative denial means the defense won the hearing on facts and that DPS did not prove the elements of the case.

One of our ALR attorneys said, “These are the best and hardest types of wins.”

Example of a negative denial finding after an ALR hearing.

What is an ALR Hearing?

The ALR hearing allows you to fight to keep your driver’s license until your DWI or DUI case is resolved. Even if you don’t “win” your hearing, it offers an opportunity for us to learn valuable details about the case against you. 

The ALR is an administrative process that requires the Texas Department of Public Safety to suspend your driver’s license after a DWI arrest.  It is unrelated to any criminal license suspension resulting from a DWI conviction. 

After you are charged, you have 15 days to request an Administrative License Revocation hearing. The application must be filled out correctly in order to be accepted, and there are details about the case that can be difficult and confusing for a layperson to understand. Once  the request has been officially made and accepted, an official ALR hearing will be scheduled usually within 2 to 3 months. If you have hired a lawyer, you do not need to attend the ALR hearing at all. Your lawyer can appear on your behalf.

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.

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