Administrative License Revocation (ALR) Basics in Texas
A guide to ALR Hearings in Texas
How you arrived here:Most people that are reading this guide are doing so after being arrested for a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) allegation. If, as a result of your arrest, you voluntarily give a breath, blood, or urine specimen, and the results of this specimen are over the legal limit for alcohol (0.08), then your driver's license may be suspended for up to 90 days. If you refuse to give a specimen, then your driver's license may be suspended for up to 180 days. Typically, an arrest for these types of offenses will start a 15 day countdown during which a hearing may be requested to challenge the suspension of your driver's license. When you are arrested, the arresting officer normally will give a notice of suspension explaining your rights in this process. There is a link below to an example form indicating your rights.If you do not request a hearing within the required time limit, you will waive your right to a hearing and your license may be suspende
How to request a hearing:Typically, if you hire a lawyer to represent you, you should speak with them about requesting and representing you in an ALR hearing. A competent lawyer will know how to request a hearing and what steps to take once a hearing is scheduled. There are many benefits to requesting a hearing all of which a lawyer can explain. Some of them include, not having your license suspended, being able to question the arresting officer(s), under oath, prior to trial, and receiving pretrial discovery that could take weeks or months to receive otherwise. You may request a hearing online here:https://www.txdps.state.tx.us/DriverLicense/customer_service/alr.aspxOr, you may request a hearing by fax as indicated on the link below. Once the Texas Department of Public Safety (DPS) receives the necessary information within the required time limit, they will send notice to you or your lawyer of the scheduled hearing. After the hearing, an ALR Judge will decide if DPS may suspend your license.
How a lawyer may help:A lawyer can assist with requesting a hearing, requesting discovery and production of documents, determining whether to subpoena the arresting officer, conducting the hearing, etc. An ALR hearing can be instrumental to the defense of a DWI/DUI charge. The purpose of this guide has been to explain how a hearing may be requested, the process of preparing and conducting a hearing, and some of the consequences of having or not having a hearing. I recommend contacting a lawyer as soon as possible if you are arrested for DWI/DUI or believe your license may be suspended so that they can advise you of your legal rights.