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

Ben Michael
January 14, 2025
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Quick Answer

For most drivers, requesting an ALR hearing is still the smart move. SOAH records obtained under the Texas Public Information Act show that since 2022, 34% of ALR cases have been dismissed, and 42% of defendants have avoided suspension—meaning thousands of people have kept their licenses through the ALR process. In total, 53,090 hearings were held, and 58% ended in suspension, but county outcomes vary sharply (for example, in Harris County, 74% had no suspension).

What are the Chances of an ALR Dismissal in Texas?

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.

Outcome Number of cases Percentage
Disqualification 6 0%
No suspension 22,447 42%
Suspension 30,637 58%

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

Statistics: Outcomes by County

Harris County had the highest number of cases, but 74% of those cases were resolved without a license suspension. Denton and Tarrant counties had the highest suspension rates at 83% each.

County No suspension Suspension Total cases Percentage without suspension
Montgomery 1,789 565 2,354 76%
Harris 7,148 2,490 9,638 74%
Galveston 953 367 1,320 72%
Fort Bend 566 288 854 66%
Brazoria 707 402 1,109 64%
El Paso 357 266 623 57%
Dallas 1,589 1,854 3,468 46%
Bexar 1,588 2,881 4,469 36%
Comal 238 626 864 28%
Brazos 210 575 785 27%
Hidalgo 152 468 620 25%
Collin 588 1,753 2,341 25%
Travis 733 2,296 3,030 (one disqualification) 24%
Hays 129 456 585 22%
Nueces 142 563 705 20%
Williamson 217 959 1,176 18%
Denton 481 2,301 2,873 (one disqualification) 17%
Tarrant 590 2,878 3,468 17%

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 decision Number Percentage Outcome
Order granting motion to dismiss 17,830 34% No suspension
Refusal 180 days 11,568 22% 180-day suspension
Failure 90 days breath or blood 10,384 20% 90-day suspension
Defendant default (DPS appears, but defendant does not appear) 5,392 10% Suspension, varied length
Refusal two years 1,901 4% Two-year suspension
Order granting request to waive hearing 1,757 3% No suspension
Negative-denial (This occurs when DPS has failed to prove the issues set out in Texas Transportation Code § 524.035) 1,578 3% No suspension
Negative-denial (This occurs when DPS has failed to prove the issues set out in Texas Transportation Code § 724.042) 1,257 2% No suspension
Failure one year 814 2% One-year suspension
Failure minor 526 1% 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 dismissal 11 .02% No suspension
DPS default 10 .018% No suspension
One year affirmative commercial 6 .011% One-year disqualification
Negative commercial 4 .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

About Ben Michael

Ben Michael is the founder and Managing Partner of Michael & Associates, and has nearly a decade of experience in criminal defense here in Austin, TX. He is an experienced criminal defense attorney who has spent nearly a decade helping those accused of crimes achieve the best possible outcome. He has successfully defended hundreds of clients, handling all sorts of legal issues, including DWI, assault, domestic violence, sex crimes, possession of controlled substances, expungement cases, and…

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