Texas ALR Hearing After a DWI Arrest: What Houston Drivers Need To Do In The First 15 Days
If you are arrested for DWI in Texas, you usually have only 15 days from the date of your arrest to request an Administrative License Revocation, or ALR, hearing before your driver’s license is set for automatic suspension. That short deadline is critical, because the ALR process runs separately from your criminal DWI case and directly affects whether you can keep driving to work, take your kids to school, and handle daily life. In Houston and across Texas, understanding this ALR timeline, what it really means, and the steps you should take in the next few days can make a big difference in how disruptive this arrest is for you and your family.
Mike, if you are like many people in your situation, you are scared, confused, and worried that one night might cost you your job and your license. This guide walks you through the ALR hearing process in Texas in plain language: the 15 day deadline, how long a suspension can last, how the hearing works, and what you can start doing today to protect your license, income, and future.
What Is the Texas ALR Hearing and Why It Matters So Much
The Administrative License Revocation hearing is a civil process run through the State Office of Administrative Hearings, not the criminal court in Harris County. After a DWI arrest, the Department of Public Safety (DPS) tries to suspend your driver’s license based on your breath or blood test result or a refusal to provide a sample. The ALR hearing is your chance to challenge that suspension before it kicks in.
Think of it like this: your criminal DWI case decides guilt and punishment, while the ALR process decides whether you can legally drive. You could win one and lose the other. That is why the ALR hearing is so important for someone in your shoes who depends on a driver’s license to manage construction projects, visit job sites, and support family.
Many people wrongly assume the license suspension is automatic and nothing can be done. In reality, you often can contest it, cross examine the officer, and, in some cases, prevent the suspension or shorten how long you are off the road.
The 15 Day ALR Deadline: What You Must Do Right Now
In most Texas DWI cases, the clock starts the day of your arrest or the day you receive the Notice of Suspension from the officer. From that date, you have about 15 days to request an ALR hearing. If you do nothing, DPS will suspend your license on the 40th day after the notice was served.
Here is the part that matters for you as a working provider. If you let that 15 day deadline pass, your options shrink. You might still qualify for an occupational license later, but you lose the chance to fight the suspension itself and to use the ALR hearing to gather evidence and test the state’s case.
How to Request Your ALR Hearing
You or your attorney can request the hearing in writing, by fax, or online through the DPS system. The State provides an online tool where you can Request an ALR hearing (official DPS portal). The request has to be correctly completed and submitted before the deadline, or DPS will treat your license as though you never contested the suspension at all.
Because the rules can be technical, many Houston drivers choose to have a lawyer handle this step, but the key point is simple. Do not wait until the last minute. Mark the deadline on your calendar tonight and take action well before day 15.
Practical ALR Checklist For The Next 48 Hours
To make this more manageable, use a simple checklist for the first two days after your arrest:
- Find the date on your DIC-25 Notice of Suspension or temporary license.
- Count 15 days forward and write that date in your phone and on your fridge.
- Collect paperwork from your arrest: tickets, bond conditions, property receipts, and any tow receipts.
- Make a short written timeline of what happened from the time you left work or home to the time you were released.
- Contact a qualified Texas DWI lawyer to review your notice and file the ALR request before your deadline.
- Save any text messages, location history, or receipts that may help show your sobriety or timeline.
For a deeper walk-through, you can also review a step-by-step ALR hearing checklist and deadlines that expands on each of these points from a Houston perspective.
How Long Can Texas Suspend Your License After a DWI Arrest
The length of an ALR suspension depends on several factors: whether this is your first DWI, if you took a breath or blood test, your test result, and if you refused testing. While the exact numbers can change based on your record and facts, some common ranges for adults are:
- First DWI, test failure at 0.08 or higher: typically about 90 days.
- First DWI, test refusal: often around 180 days.
- Prior ALR suspension or DWI: longer periods, sometimes one year or more.
These ALR suspensions are separate from any license consequences the criminal court could set later. If you are managing crews or driving between job sites in the Houston area, even a 90 day suspension could mean missed inspections, lost overtime, or questions from your boss about reliability. That is why contesting the suspension and planning ahead for backup driving arrangements or an occupational license can help reduce the damage.
The legal basis for these suspensions comes from the Texas Transportation Code, including Texas Transportation Code Chapter 524 (ALR statute), which gives DPS the power to suspend a license after a DWI arrest when certain conditions are met.
Texas ALR Hearing Basics: What Actually Happens
Once your ALR request is timely filed, DPS will schedule a hearing, usually at a State Office of Administrative Hearings location or by telephone. For Houston drivers, this often means a setting a few weeks or months out, which buys you time to keep driving on a temporary license while the hearing is pending.
At the ALR hearing, an administrative law judge decides whether DPS proved certain key points. These can include whether:
- The officer had reasonable suspicion to stop or contact you.
- There was probable cause to arrest you for DWI.
- You were properly asked to give a breath or blood sample.
- You refused testing or failed the test at 0.08 or higher.
You have the right to have a lawyer represent you, to cross examine the officer, and sometimes to present your own witnesses or evidence. The judge then decides whether to uphold the suspension or set it aside. The hearing is usually shorter than a criminal trial and focuses only on these license issues.
For someone in your position, this hearing has two major benefits. First, if you win, the suspension is often thrown out and you keep your license. Second, even if the suspension is upheld, you and your lawyer can use the officer’s sworn testimony as a preview of the criminal case. That testimony can later highlight mistakes in the stop, arrest, or testing procedures.
Immediate Next Steps After a First-Time DWI Arrest in Texas
If this is your first DWI, it is easy to feel judged and assume your life is ruined. In reality, many people in Texas face a first-time DWI and continue working and supporting their families. The key is knowing the steps to take in the first few weeks to reduce damage to your license, job, and record.
To get a fuller picture of what lies ahead, review step-by-step actions after a first-time DWI arrest in Texas, which covers timelines, possible outcomes, and what to expect from the court process.
What To Bring To Your First Lawyer Meeting
Showing up prepared to your first consultation makes the meeting faster, cheaper, and more productive. Here is a simple list of what to bring or have ready:
- The DIC-25 Notice of Suspension or temporary license.
- All tickets, charging documents, or bond paperwork.
- Any paperwork related to towing or vehicle release.
- Your driver’s license number and any Texas DPS letters you receive.
- Names and contact information for any passengers or witnesses.
- Photos, videos, social media posts, or receipts from the hours before your arrest.
- Your work schedule and any job requirements that involve driving or safety sensitive duties.
Bring your questions too. Ask about timelines, possible outcomes, fees, and how the lawyer approaches ALR hearings in Houston and nearby counties.
Legal Foundation of ALR in Texas: What Triggers Suspension
Texas law allows DPS to suspend your license after a DWI arrest if certain conditions are met. In simple terms, ALR is triggered when:
- You are arrested for DWI and provide a breath or blood test with an alcohol concentration at or above 0.08, or
- You are arrested for DWI and refuse to provide a breath or blood sample after being properly warned of the consequences.
The arresting officer then serves you with a notice and confiscates your physical driver’s license, replacing it with a temporary permit. That permit lets you drive for a short time, but only if you act within 15 days to request a hearing can you try to keep driving beyond that initial period.
These rules apply statewide, but in places like Houston, Harris County, Montgomery County, and Fort Bend County, the ALR process will often feel fast and paperwork heavy. Even if your criminal case is reset or delayed, DPS moves ahead on the ALR side unless you timely contest it.
How ALR and Your Job Connect: Protecting Your Career
For a construction project manager like you, losing your license affects more than just convenience. It can threaten your ability to visit job sites, meet with inspectors, or respond to emergencies. Many employers also run periodic background checks, which may show both the arrest and any license actions.
That is why it helps to plan both legal and practical steps. Legally, you want to challenge the ALR suspension when possible and look into an occupational license if needed. Practically, you may need to arrange car pools, public transportation, or temporary changes in duties so you can still show up and lead your team.
If you are worried about how this arrest will look to your boss or HR department, there are practical steps to safeguard your employment after arrest that focus on communication, timing, and protecting your professional reputation.
Side Note For Ryan Mitchell — Solution Aware: Data, Strategy, and Typical Fees
Ryan Mitchell — Solution Aware: You may already know you need a Texas DWI lawyer and you are trying to evaluate strategy and cost. Many experienced DWI attorneys track outcomes at ALR hearings and in criminal cases. While no lawyer can promise a result, a common pattern is that a significant percentage of first time ALR suspensions can be avoided or shortened, especially where officers cut corners on the traffic stop, field sobriety tests, or warnings.
On the money side, legal fees for a first time DWI with an ALR hearing often fall into a mid four figure range, with payment plans sometimes available. Ask specific questions about what the fee covers, how many ALR hearings the lawyer handles each month, and how often they personally appear for license hearings instead of sending a stand in. Transparency in both strategy and pricing will help you find the right fit without surprises.
Common Myths About ALR Hearings in Texas
Because the ALR system is confusing, myths spread quickly. Clearing up a few of them can help you make better decisions in the next few days.
Myth 1: “I Passed the Roadside Tests So My License Is Safe”
Field sobriety tests like walking in a straight line or standing on one leg are only part of the picture. Your license is at risk if you failed or refused the official breath or blood test, even if you think you did fine on the roadside exercises. The ALR judge looks at the test results and the legal warnings, not just how you felt you performed.
Myth 2: “I Can Wait Until My First Court Date To Deal With My License”
The ALR process runs on its own track. Your first court setting in Harris County might be a month or more after your arrest, but your ALR deadline hits around day 15. If you wait until that first court date to think about your license, the suspension may already be in progress. You need to start the ALR request process now, well before any criminal court appearance.
Myth 3: “There Is No Point Fighting, My BAC Was High”
Even with a high test result, there can still be issues with the traffic stop, the breath machine, the blood draw, or the way the officer gave the statutory warnings. Sometimes those problems are only discovered during the ALR hearing when the officer testifies under oath. Challenging your suspension is not about pretending nothing happened. It is about holding the state to its burden and protecting your rights so one mistake does not create more damage than the law allows.
How ALR Hearings Help Build Your DWI Defense
The ALR hearing is not only about your license. It is also a chance to gather information that can strengthen your defense in the criminal case. At the hearing, the officer may testify about why they stopped you, how you looked and sounded, how they ran the field sobriety tests, and how they handled the breath or blood test.
That sworn testimony can later be used to show inconsistencies, poor training, or shortcuts in the investigation. For example, if the officer says you failed to follow instructions on the walk and turn test but the video shows you did most steps correctly, that mismatch can be powerful in negotiations or at trial. In this way, the ALR hearing acts as an early preview of the state’s case and a chance to lock in the officer’s story.
Occupational Licenses: A Safety Net If the Suspension Sticks
If you lose the ALR hearing or miss the 15 day deadline, you may still be able to apply for an occupational driver’s license. This is a restricted license that allows you to drive to work, school, and essential household duties during certain hours.
The rules for occupational licenses vary depending on your record and the length of your suspension. You may need SR-22 insurance, a driving log, and a court order. For a person like you who supervises construction projects or travels between job sites, an occupational license can be the difference between keeping your job and being forced into unpaid leave or demotion.
While an occupational license is not as good as keeping your full driving privileges, it is an important backup plan if the ALR suspension cannot be avoided.
Short Wake Up Call For Kevin Thompson — Unaware: Real Costs and 15 Day Risk
Kevin Thompson — Unaware: Maybe you are still telling yourself this was “no big deal” or that everyone drives after a few drinks sometimes. Here is the hard truth. Even a first time DWI in Texas can lead to months without a license, thousands of dollars in fines, court costs, and surcharges, higher insurance premiums, and a criminal record that follows you for years.
The most shocking part is how fast things move. If you do nothing for 15 days, DPS can start the process to suspend your license, even if your criminal case has not really started. A simple rule of thumb: treat the 15 day ALR deadline as seriously as a court date, because missing it can put you off the road before you have a chance to tell your side of the story.
Note For Jason Reynolds — Product Aware & Chris Delgado — Most Aware: Discretion and Direct Involvement
Jason Reynolds — Product Aware and Chris Delgado — Most Aware: If you already know you want an experienced DWI defense lawyer and your main concerns are confidentiality, discretion, and fast action, the ALR process is where those values show up early. You will want to know who will actually handle the ALR hearing, how your exposure to public appearances can be limited through remote or phone hearings when allowed, and what steps can be taken to keep your employer or professional licensing board from learning more than necessary.
For high stakes clients, direct attorney involvement in the ALR request, preparation, and hearing can reduce mistakes and miscommunications. Asking up front how your case will be handled, who will speak for you at the hearing, and how sensitive information is protected will help you choose a legal team that fits your expectations for privacy and attention.
How To Request and Prepare For Your ALR Hearing
Once your hearing is scheduled, preparation becomes just as important as filing the request on time. You want to understand what issues will be argued, what evidence is available, and where the weaknesses in the state’s case might be.
For a more detailed explanation, many Houston drivers find it helpful to review guidance on how to request and prepare for your ALR hearing, which breaks down the process in everyday terms.
Practical Prep Steps Before the Hearing
Here are practical tasks you can work on with your lawyer as the hearing date approaches:
- Request and review all available videos from the traffic stop, field sobriety tests, and station or jail.
- Obtain maintenance and calibration records for the breath machine, if applicable.
- Review the police report carefully for errors or missing steps in the investigation.
- Identify any witnesses who saw you shortly before the stop and can talk about your sobriety or driving.
- Prepare simple, honest answers to potential questions about your driving, drinking, and interaction with the officer.
- Plan transportation to and from the hearing to avoid last minute stress, especially if it is set during work hours.
Taking these steps helps you feel less powerless. You are not just waiting for the state to decide your future. You are actively preparing a defense to protect your license and your reputation.
Realistic Example: How Acting Quickly Helped a Houston Project Manager
Consider a fictional but realistic scenario. A Houston construction project manager is pulled over late at night after a company event. The officer claims he drifted in his lane and smelled of alcohol. The project manager agrees to roadside tests, which he thinks he passed, and then blows just over 0.08 on the breath machine at the station. His license is taken, and he goes home with a temporary permit and court date.
Within a few days, he meets with a DWI lawyer who promptly requests the ALR hearing. At the hearing, the lawyer cross examines the officer and reveals that the officer did not properly observe the driver for the required time before the breath test and had limited training on the horizontal gaze nystagmus test. The judge finds that DPS did not meet its burden and sets aside the suspension. The criminal case still continues, but the project manager keeps his license, keeps driving to job sites, and uses the officer’s hearing testimony as leverage in negotiating the criminal charge.
This kind of outcome is not guaranteed and depends on the facts. It shows, though, how acting quickly on the ALR side can protect your ability to work and gather critical evidence for the overall defense.
Frequently Asked Questions About Texas ALR Hearings After a DWI Arrest
How long do I have to request an ALR hearing after a DWI arrest in Texas?
In most Texas DWI cases, you have about 15 days from the date you receive the Notice of Suspension to request an ALR hearing. If you miss that deadline, DPS will usually suspend your license on the 40th day after the notice, and you lose the chance to challenge the suspension itself. This is why it is important to act quickly, often in the first week after your arrest.
Can I keep driving in Houston while I wait for my ALR hearing?
Yes, if you timely request the ALR hearing, your temporary license generally stays valid until the hearing is decided. This usually lets you keep driving in Houston and around Texas for work, school, and daily needs while the case is pending. If you do not request the hearing, your ability to drive will end when the temporary permit expires and the suspension takes effect.
What happens if I lose the ALR hearing in Texas?
If you lose the ALR hearing, your driver’s license will be suspended for a period based on whether this is your first DWI and whether you refused or failed a breath or blood test. For many first time cases, the suspension ranges from about 90 to 180 days. You may still be able to seek an occupational license so you can drive for essential purposes, but your full driving privileges will be limited.
Is the ALR hearing the same as my criminal DWI court date in Harris County?
No, the ALR hearing is separate from your criminal DWI case in Harris County or any other Texas county. The ALR hearing focuses only on your driver’s license and is handled by an administrative law judge, while the criminal court decides guilt and penalties like fines, probation, or jail time. You can win one and lose the other, so it is important to pay attention to both processes.
Do I really need a lawyer for an ALR hearing in Texas?
The law does not require you to have a lawyer at an ALR hearing, but the rules of evidence and procedure can be technical. A lawyer who regularly handles ALR hearings in Texas can help spot issues with the stop, arrest, or testing, cross examine the officer, and protect your right to keep driving. At a minimum, it is wise to talk with a qualified Texas DWI lawyer early on to understand your specific options and deadlines.
Why Acting Early On Your Texas ALR Hearing Matters So Much
If you take nothing else from this guide, remember this: the 15 day ALR deadline is just as important as your first court date. Missing it can cost you your license before anyone hears your side of the story. Acting early, even while you still feel shaken and embarrassed, gives you more control over what happens next.
For someone like you who supports a family and manages work crews, keeping your license often means keeping your income steady and your stress level under control. Requesting the ALR hearing, preparing for it, and understanding backup options like an occupational license can turn a chaotic situation into a structured plan. If you want more detailed explanations of Texas DWI issues, you can explore an interactive Q&A resource for common Texas DWI questions that covers many of the topics discussed here in a question and answer format.
Staying informed will not erase what already happened, but it can reduce the damage and help you protect your license, your job, and your future under Texas law.
For a short, plain language walk through of what to do right after a Texas DWI arrest, you may also find the following video useful. It covers immediate steps to protect your license, how the process works in Houston and nearby counties, and what to prioritize in the first days after your arrest.
Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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