Understanding ALR Proceedings in Texas: What You Need to Know After a DWI Arrest
If you’ve recently been arrested for Driving While Intoxicated (DWI) in Texas, you’re likely already overwhelmed by the legal implications. What many people don’t realize is that a DWI arrest sets two separate legal processes in motion: the criminal DWI case and the Administrative License Revocation (ALR) proceeding.
The ALR hearing is a civil administrative process that specifically addresses your driver’s license, not your guilt or innocence in the criminal case. Despite this, the outcome of an ALR hearing can have significant consequences, potentially resulting in the suspension of your license before you ever step foot in a criminal courtroom.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we help clients across Montgomery County, The Woodlands, and surrounding areas protect their driving privileges and prepare strong defenses for both the ALR and criminal phases of their DWI cases.
What Is the ALR Process?
The Administrative License Revocation (ALR) process is handled by the Texas Department of Public Safety (DPS) and is triggered automatically after a DWI arrest in one of two scenarios:
- You refuse to submit to a breath or blood test after a lawful DWI arrest (known as a refusal under Texas’s implied consent laws), or
- You take a test and the results show a blood alcohol concentration (BAC) of 0.08% or higher.
In either case, you are subject to an automatic license suspension, unless you act quickly to challenge it.
Timeline: You Only Have 15 Days to Act
After your arrest, you will receive a Notice of Suspension from the arresting officer. This notice not only informs you of your pending license suspension but also serves as your temporary driving permit (valid for 40 days).
You have only 15 days from the date of this notice to request an ALR hearing. If you fail to request a hearing within that window, your license will be automatically suspended on the 40th day after your arrest.
What Happens If You Request a Hearing?
If you request an ALR hearing on time, your license suspension will be delayed until the hearing is conducted and a decision is made. This gives you and your attorney time to prepare your defense and fight the suspension.
The ALR Hearing: What to Expect
The ALR hearing is held before an administrative law judge (ALJ). It is not a criminal proceeding and does not determine whether you are guilty of DWI. Instead, the ALJ will consider whether:
- The officer had reasonable suspicion to stop your vehicle.
- The officer had probable cause to believe you were driving while intoxicated.
- You were properly informed of the consequences of refusing or failing a test.
- You either refused to submit to testing, or your BAC was 0.08% or higher.
This hearing is often short and to the point, but it provides a crucial opportunity to cross-examine the arresting officer and challenge the evidence used to justify the stop and arrest.
Why the ALR Hearing Is So Important
Many drivers don’t understand how valuable the ALR hearing can be, especially when preparing for the criminal DWI case that follows. Here’s why this hearing matters:
- Preserves your driving privileges: A win at the ALR hearing means you can avoid suspension altogether.
- Previews the state’s evidence: The hearing often reveals the prosecution’s strategy, giving your lawyer a head start on building your defense.
- Allows testimony under oath: Officers who testify at the hearing are under oath, and inconsistencies in their accounts can be used later in your criminal case.
License Suspension Periods in ALR Cases
If you lose your ALR hearing, or don’t request one, the suspension period depends on whether you refused the test or failed it, and whether this is your first offense.
Refusal to Submit to Testing:
- First offense: 180 days
- Second or subsequent offense (within 10 years): 2 years
Failed BAC Test (0.08% or higher):
- First offense: 90 days
- Second or subsequent offense (within 10 years): 1 year
Occupational Driver’s Licenses
If your license is suspended through the ALR process, you may be eligible for an occupational license, which allows you to drive to work, school, and essential household functions. This requires a court petition and proof of financial responsibility (SR-22 insurance), and sometimes an ignition interlock device.
Our attorneys can help you apply for and obtain an occupational license to keep your life moving while your case is pending.
How a DWI Defense Lawyer Helps at the ALR Stage
The ALR process can seem procedural and minor compared to your criminal case, but it sets the tone for your entire defense. A seasoned DWI attorney can:
- Request your ALR hearing within the 15-day window
- Subpoena the arresting officer for testimony
- Cross-examine witnesses under oath
- Identify inconsistencies or rights violations in the traffic stop or arrest
- Prepare evidence to show the stop or arrest lacked legal justification
This early-stage defense work can influence plea deals, suppression motions, and even lead to full dismissal of the criminal charges later on.
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