An Administrative License Revocation (ALR) hearing is a seldom-discussed but totally essential part of the DWI process in which a court determines whether you will be allowed to keep your driver’s license or it will be suspended by the state — but what happens at an ALR hearing in Texas, and how do they work?
A rough outline of the ALR process looks like this:
- You must request a hearing — if not, your license will be suspended
- The hearing should be scheduled 4-6 weeks after your request
- The Texas DPS will review the evidence and issue subpoenas
- Your attorney will have a chance to review the evidence, contest their findings, and issue their own subpoenas to support you
- The administrative judge will determine whether or not to suspend or revoke your license
If you do not have an attorney, not only will you have virtually no chance to win your ALR hearing, you likely won’t even get one. For instance, if you take a court-appointed lawyer to handle your DWI case because they’re only paid for defending you in the criminal case against you, NOT the ALR hearing, which is a civil matter, you’ll be left with a suspended license even if you go on to win your DWI case… but more about that later.
If you or a loved one has been arrested for or charged with DWI and are facing an ALR hearing, call Thiessen Law Firm at (713) 864-9000 to save your license and defend your freedom today.
How to request an ALR hearing in Texas
After you’re arrested for DWI in Texas, your driver’s license is subject to automatic suspension, but you can request an ALR hearing to challenge this automatic suspension.
The ALR hearing is a civil matter independent of the criminal case against you for DWI whose sole purpose is determining whether or not you should face DWI license suspension — it is not intended to determine whether or not you are actually guilty of your DWI charge.
To request an ALR hearing, you must act quickly. The deadline for filing a request is 15 days from the date you receive the notice of suspension, which is usually provided at the time of your arrest. Failing to request the hearing within this timeframe will result in the automatic suspension of your license.
The request can be submitted online through the Texas Department of Public Safety (DPS) request form. After submitting your request, it can take a month or two (30 – 60 days, officially) to get your hearing scheduled. During that time, if you don’t already have a DWI attorney, you should probably find one.
What is the ALR procedure?
When it comes to the hearing itself, things usually move pretty quickly. Because ALR hearings often only last an hour or so, you better hope that your attorney did their job and prepared a solid defense to save your license.
The ALR hearing schedule itself will probably look something like this:
- The judge will state the facts as they have them.
- The arresting officer has an opportunity to provide testimony about the arrest and their version of events.
- Your attorney will have an opportunity to dispute the events, cross-examine the officer, and issue any subpoenas as necessary.
- The goal of the hearing is to answer the following questions:
- Did the officer have probable cause to stop you?
- Did the officer have reasonable suspicion enough to make an arrest?
- Did the officer execute the stop and arrest in a way that did not violate your rights or due process?
Most of this will be determined during discovery and preparation, and while it may seem unlikely that your license will be saved by asking these three questions, your chances of winning an ALR hearing in Texas might be higher than you think.
At Thiessen Law Firm, we win 95% of ALR hearings for our clients and successfully save their licenses.
Continue reading: What is administrative license suspension?
What happens if you win an ALR hearing in Texas?
If you win your ALR hearing, it means that the administrative judge found that there was not sufficient evidence to justify the suspension of your driver’s license, which means you can continue driving without any interruptions. You will still, however, have to fight your criminal charge for DWI.
While winning an ALR hearing does not technically impact the criminal side of your DWI case, it can provide essential leverage in negotiating with the prosecutor and help set a tone for the criminal case to come. Essentially, a victory at an ALR hearing demonstrates weaknesses in the state’s evidence, which may be helpful in challenging the criminal DWI charges as well.
What happens if you DON’T win your ALR hearing in Texas?
If you don’t win your ALR hearing, you’ll have your license suspended, meaning you can’t drive until your license reinstatement in 90-180 days, or you’ll have your license revoked, meaning you can’t drive for an indefinite period.
The suspension length, and whether your license is suspended or revoked, depends on the circumstances of your arrest. Generally, the following are true for license suspensions:
- 90 days if you failed a blood or breath test
- 180 days if you refused to take the test
- Even longer periods or revocation if you have prior DWI offenses
If your license is suspended, you may be eligible for an occupational driver’s license (ODL), which allows you to drive for essential purposes, such as work, school, and medical appointments. To get an ODL, you have to file a petition with the court and may be required to install an ignition interlock device (IID) on your vehicle.
Frequently asked Texas ALR hearing questions
How long do you have to request an ALR hearing in Texas?
You have 15 days from the date of your arrest or the notice of suspension to request an ALR hearing. If you fail to request a hearing within this window, your license will be automatically suspended.
Can I drive while waiting for my ALR hearing?
Yes, you can continue to drive while waiting for your ALR hearing, as long as you have requested the hearing within the 15-day deadline. Your driving privileges remain intact until a decision is made after the hearing.
What happens if the officer doesn’t show up at the ALR hearing?
If the arresting officer fails to appear at the ALR hearing and no valid reason is provided, the administrative judge may dismiss the case, resulting in no suspension of your license.
How much is the ALR reinstatement fee in Texas?
The reinstatement fee for an ALR suspension in Texas is $125, but keep in mind that paying the reinstatement fee is just one step in the process. You must also meet any other requirements imposed by the Texas DPS, like completing a DWI education program, providing proof of insurance (SR-22), and any other conditions relevant to your case.
What is an ALR subpoena in Texas?
An ALR subpoena allows your attorney to require certain witnesses to attend the hearing or to produce documents that may be important to your defense. Subpoenas are often used to ensure the arresting officer appears at the hearing to testify under oath, but your attorney may also issue subpoenas to other witnesses, like medical professionals or third parties who could provide testimony that is beneficial to your case.
Save your license at your ALR hearing with Thiessen Law Firm
If you’re facing a license suspension after a DWI arrest in Texas, an ALR hearing is your opportunity to fight for your right to drive. Winning an ALR hearing takes a lot more than just filling out a few forms — it takes strong legal strategies, expert knowledge of Texas DWI laws, and a deep understanding of the administrative hearing process.
At Thiessen Law Firm, we win 95% of our clients’ ALR hearings and save their licenses. We successfully challenge license suspensions and parlay them into wins in our clients’ criminal cases for DWI. If you want to protect your right to drive and give yourself a chance at beating the criminal charge, you’re going to want to give us a call.
Don’t face severe DWI penalties alone, call Thiessen Law Firm today at (713) 864-9000 or contact us online and secure a winning defense.
More Helpful Articles by Thiessen Law Firm:
- What Is Failure to Appear in Texas?
- Is a DWI a Felony in Texas?
- How to Win a DWI Trial
- What Happens if You Get a DWI in the Military?
- What Is the Statute of Limitations in Texas for DWI?
