What is administrative license suspension? After the initial shock of being arrested for DWI subsides, a number of harsh realities will surface which you will need to deal with — the Administrative License Revocation (ALR) Hearing is one of such harsh realities.
Failure to request and attend an ALR Hearing can result in automatic DWI license suspension in Texas and put your DWI case off on the wrong foot. If you’ve been arrested for DWI in Texas, you have 15 days to save your license.
Keep reading to learn about ALR Hearings in Texas, or call Thiessen Law Firm today at (713) 864-9000 to save your license!
What is Administrative License Revocation in Texas?
Administrative License Revocation (ALR) is a civil proceeding that takes place after an arrest for DWI in Texas. This ALR process occurs concurrently with any criminal proceedings related to your arrest and charge. During the process the state will attempt to suspend your license before your criminal case has been resolved, by proving that you drove under the influence and should no longer be allowed on the roads.
During the hearing itself, your attorney will have an opportunity to contest the evidence. This means the potential to save your license while your attorney works on beating your DWI charge.
Of the many severe DWI penalties, license revocation is one that is very often overlooked. Getting your license revoked means trouble getting to work, trouble getting to the courthouse, and trouble getting to your lawyer’s office.
Your life can get a bit chaotic when facing charges for DWI — and the months before a DWI verdict are often a time when you can’t afford to have any extra complications or setbacks, not to mention the money involved in getting your license revoked and reinstated. This is why it is so essential that your DWI attorney request an ALR hearing and save your license.
How to request an Administrative License Revocation (ALR) hearing
To contest the suspension of your driver’s license, you (or more ideally, your attorney) must request an ALR hearing within 15 days of arrest. The “notice of suspension” you receive upon release from detention explains how to submit a request.
If the request for a hearing is submitted within the required 15 days, the Department of Public Safety (DPS) will send a letter providing the date, time and location of the ALR hearing within 120 days. Requests made after the required 15 days will be denied, and the individual will be notified by mail that the suspension will take effect 40 days after the date of arrest.
What happens at an ALR hearing?
The ALR hearing is usually held much earlier than your criminal trial. It is less formal than a trial and has relaxed evidentiary rules. The arresting officer is usually the only witness for the state.
The state must prove three elements to uphold the suspension of your driver’s license:
- Reasonable suspicion. First, the state must show that the officer had reasonable suspicion to stop your vehicle at the time of your arrest. Reasonable suspicion is a relatively low standard of proof and means the police officer can articulate facts that would lead a reasonable person to believe criminal activity had occurred or was likely to occur. Examples of such facts are weaving across lanes or speeding.
- Probable cause. Secondly, the state must prove that the officer had probable cause to arrest for DWI. Probable cause means it is more likely than not that a crime has been committed. Probable cause can consist of observations made by the officer during a field sobriety test or admissions made by you concerning drinking alcohol.
- BAC test. Finally, the state must prove either you agreed to a breath or blood test with a result of over a .08 or that you refused to take the breath or blood test. If the state fails to prove any of these three elements, then the suspension of your license cannot be upheld.
It is unlikely that you will be able to successfully contest these three elements without the help of a skilled DWI attorney. You can always try your luck at the ALR hearing, but if you want to beat a DWI charge and avoid conviction entirely, you’re going to need to hire an experienced Houston DWI attorney to protect your rights anyway.
How long is an administrative license suspension
The duration of an administrative license suspension in Texas varies based on a number of things, including whether you submitted to or refused your BAC test and your prior record of DWI offenses.
| Offense | Suspension period |
| First offense, failure of BAC test | Failing the BAC test on your first offense will typically incur a 90-day suspension. |
| First offense, refusal of BAC test | Refusing the BAC test on your first offense will typically incur a 180-day suspension. |
| Subsequent offenses | For repeat offenders, license suspension periods typically start at one year. |
| Commercial drivers | Commercial drivers face stricter penalties. A first offense leads to a one-year disqualification from operating commercial vehicles, while subsequent offenses can result in permanent disqualification. |
Remember, if you do not request an ALR hearing within 15 days of your arrest, these license suspensions are automatic.
What does ALR suspension failure mean in Texas?
Or, in other words, what kind of penalties are you facing if your license is suspended or revoked? How much of a pain is it to reinstate a driver’s license in Texas?
- First and foremost, it means the loss of your driving privileges. You cannot legally operate a motor vehicle during the suspension period, and driving with a suspended license can lead to additional fines and penalties.
- You can expect increased insurance rates. License suspensions almost always lead to higher insurance premiums and a label as a “high-risk” driver that will be hard to shake.
- License suspensions can often accompany the installation of ignition interlock devices, especially for repeat offenders.
You can petition for reinstatement of your license, but the process usually takes a few months and costs hundreds of dollars. If you are looking to maintain your driving privileges and have been arrested for DWI, your best bet is hiring an attorney who can win your ALR hearing the first time around.
How to win an ALR hearing in Texas
Although winning an ALR hearing is not always easy, it is possible with the right preparation and knowledge.
- Review the evidence. Evidence will usually dictate what types of defenses will be available to you. Essential evidence may include the police report, dashcam footage, lab reports for BAC tests, breathalyzer maintenance records, witness statements, and any other applicable evidence.
- Subpoena witnesses. Subpoenaing the arresting officer can be one of the fastest ways to have your ALR hearing dismissed. If they do not show up and do so without cause, important evidence may be left out of the case.
- Challenge the traffic stop. Question the legality of the initial traffic stop. If the officer lacked reasonable suspicion to make the stop, the subsequent arrest and evidence may be invalid.
- Question procedural accuracy. Police make mistakes all the time, but it often takes a skilled attorney to notice. Examine whether the officer followed proper procedures during the arrest. Any deviations can significantly weaken the state’s case.
- Scrutinize the accuracy of BAC tests. Investigate the administration and accuracy of the chemical tests. Faulty equipment, improper administration, or mishandling of samples can all be grounds for contesting the results.
Continue reading about how to win a revocation hearing
Protect your license and your life with Thiessen Law Firm
Suspension of your driver’s license can have serious consequences for your job and personal relationships. You have rights — but if you fail to act, those rights can be lost.
It should be obvious by now that your chances of winning an ALR hearing in Texas, and keeping your driving privileges intact, are exponentially higher with a winning DWI attorney by your side, like those at Thiessen Law Firm.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to fight for you in your Administrative License Revocation Hearing and save your license!
More Helpful Articles by Thiessen Law Firm:
- Is Xanax a Controlled Substance in Texas?
- Misdemeanors in Texas: When Small Charges Have Big Consequences
- How Much Does a Houston DWI Lawyer Cost?
- Can You Get a DWI on Prescription Drugs?
- When Can Police Search Your Car in Texas?
