Texas ALR Process: 15-Day Hearing, Suspension & Appeals

The Texas Administrative License Revocation process, known as ALR, is a civil license-suspension procedure that starts the moment you’re arrested for DWI and runs completely separately from the criminal case.1Texas Department of Public Safety. Administrative License Revocation (ALR) Program You have 15 days from the date of the arrest notice to request a hearing. If you don’t, your license is automatically suspended on the 40th day. Everything else in the process flows from those two deadlines.

The Two Documents the Officer Gives You

At the arrest, the officer hands you two forms that drive the entire timeline. The DIC-24 is the statutory warning that explains what happens if you take or refuse a breath or blood test, and it tells you that you have the right to request a hearing.2Texas Department of Public Safety. DIC-24 – Peace Officer DWI Statutory Warning

The DIC-25 is both your formal notice of suspension and a temporary driving permit.3Texas Department of Public Safety. DIC-25 – Notice of Suspension It keeps your driving privileges alive during the administrative case and states that the suspension takes effect 40 days after you receive the notice. Hold onto both documents. You’ll need the information on them to file your hearing request.

Requesting a Hearing Within 15 Days

You have exactly 15 days from the date the DIC-25 is served to request a hearing contesting the suspension.1Texas Department of Public Safety. Administrative License Revocation (ALR) Program There’s no grace period. Miss it, and the suspension takes effect on day 40 without any further action from DPS.

The request has to include your full legal name, date of birth, Texas driver’s license number, the date and county of the arrest, and the name of the arresting officer and agency. You can submit it through the DPS hearing request portal, by fax to 512-424-2650, or by certified mail to DPS headquarters in Austin. Certified mail and the online form both create a clear record that you filed on time.

DPS then sends confirmation and, later, notice of the hearing date and location. Scheduling can take several weeks or months. Your temporary permit from the DIC-25 stays valid the whole time you’re waiting.

What Happens at the Hearing

An Administrative Law Judge at the State Office of Administrative Hearings, not a criminal court judge, decides your case.4State Office of Administrative Hearings. Representing Yourself in Administrative License Revocation Cases at the State Office of Administrative Hearings The hearing can be conducted in person or by phone. The rules of evidence apply, and the decision is legally binding.

DPS carries the burden of proof by a preponderance of the evidence. In a test-failure case, the judge must find that your breath or blood sample showed a blood alcohol concentration of 0.08 or higher and that the officer had reasonable suspicion for the stop or probable cause for the arrest.5State of Texas. Texas Transportation Code TRANSP 524.035 In a refusal case, DPS has to show valid grounds for the stop or arrest and that you were properly warned of the consequences before you declined.

Evidence usually consists of the officer’s sworn report and any test results. If DPS can’t prove every required element, the judge reinstates your license and cancels the suspension. If DPS wins, the suspension moves forward.

You can also request a subpoena to compel the arresting officer to appear. If the officer doesn’t testify, DPS may struggle to meet its burden. The subpoena request goes to the Administrative Law Judge at least 10 days before the hearing, with a copy sent to the DPS attorney at the same time.6State Office of Administrative Hearings. Drivers License Hearings Subpoenas

How Long the Suspension Lasts

Two things drive the length of the suspension: whether you failed the test or refused it, and whether you have any alcohol-related or drug-related contacts on your record within the last 10 years.

If You Failed the Test (BAC 0.08 or Higher)

If You Refused the Test

A first-time refusal costs you twice as long without a license as a first-time failure. Refusing also means no test result exists for the state to use in the criminal case, which is why some people still refuse despite the harsher administrative penalty.

Drivers Under 21

Texas has a zero-tolerance rule for underage drivers. Any detectable alcohol in a minor’s system triggers ALR, no matter how far below 0.08. A first offense brings a 60-day suspension, a second brings 120 days, and a third or subsequent brings 180 days. A minor who refuses the test faces the same 180-day and two-year penalties as an adult.9Texas Department of Public Safety. Alcohol Related Laws for Minors

Appealing If the Judge Rules Against You

You can appeal to a county or district court by filing a petition within 30 days of the suspension start date and within 30 days of the hearing date.10Texas Department of Public Safety. Appealing an Administrative Hearing Decision A certified copy of the petition, signed by the court clerk, then goes to DPS by certified mail.

Filing an appeal doesn’t stop the suspension on its own. Once DPS receives the certified petition, it lifts the suspension for 90 days so the court has time to rule.10Texas Department of Public Safety. Appealing an Administrative Hearing Decision If the court hasn’t decided by the 91st day, DPS reapplies the suspension. The temporary relief is worth having, but don’t count on a permanent ruling inside that window.

Driving During a Suspension

If the suspension holds and you need to drive to work, school, or handle household responsibilities, you can petition a county or district court for an occupational driver’s license. The petition goes in the county where you live or where the arrest occurred.

For a DWI-related suspension, the court is required to order an ignition interlock device on every vehicle you own or operate for the entire suspension period. In return, the court places no restrictions on when, where, or why you drive. The device itself is the restriction. If the interlock comes off, the court has to revoke the occupational license. For suspensions unrelated to impaired driving, the court can instead limit the hours and locations where you’re allowed to drive.

Either way, you need an SR-22 insurance certificate before the court grants the occupational license. That’s a form your insurer files with DPS confirming you carry the minimum required liability coverage.11Texas Department of Public Safety. Financial Responsibility Insurance Certificate (SR-22) If the SR-22 lapses, your insurer notifies DPS automatically.

Getting Your License Back

Your license doesn’t return automatically when the suspension period ends. You have to pay a $125 reinstatement fee to DPS before you can apply for, renew, or upgrade any driver’s license.12Texas Department of Public Safety. Section 7 – Reinstatement Fees and Special Licenses Texas law doesn’t allow the fee to be reduced, waived, or paid in installments. If you have a pending SR-22 requirement, you also have to keep that coverage in place for the period the law specifies. Driving after the suspension period ends but before you’ve paid the fee and restored the license still counts as driving while suspended.

Extra Stakes for CDL Holders

A commercial driver’s license carries heavier consequences from an ALR case. A first alcohol-related offense triggers a one-year disqualification of your commercial driving privileges, even if you were in your personal vehicle at the time. A second alcohol-related conviction results in a lifetime disqualification.13Texas Department of Public Safety. Commercial Driver License (CDL) Disqualifications

DPS can consider reinstatement of a lifetime disqualification after 10 years in some cases, but certain felony convictions eliminate even that possibility.13Texas Department of Public Safety. Commercial Driver License (CDL) Disqualifications If your work depends on a CDL, the 15-day hearing deadline is not just about your driver’s license. It’s about your job.