Key Takeaways

• A DWI arrest doesn’t immediately suspend your license. The officer issues a 40-day Notice of Suspension, and filing an ALR hearing request within 15 days delays the automatic suspension.
• The ALR program allows the Texas DPS to suspend your license separately from your criminal case after a failed or refused test.
• Refusing a breath or blood test often causes longer suspensions than failing. Acting quickly with legal help is crucial.
• ALR hearings let drivers challenge suspensions by reviewing probable cause, testing, and procedures. Prompt evidence presentation can affect the outcome.
• At Texas Criminal Defense Group, we combine 27 years of experience, detailed case review, and personalized support to protect your rights, driving privileges, and freedom throughout the ALR and DWI process.

Your License Is Not Suspended Immediately After a DWI in Texas

Here is what most people get wrong: a DWI arrest in Texas triggers a process that leads to suspension, as it is not an instant suspension itself. When arrested, officers take your physical license and give you a Notice of Suspension, which also acts as a temporary 40-day driving permit. If you do nothing within 15 days, the Texas Department of Public Safety (DPS) can suspend your license on day 41 without a hearing. 

The 40-day period starts on your arrest date if you failed a breath or blood test, or once DPS receives lab results for a consensual blood draw. Requesting an ALR hearing within this window delays automatic suspension and schedules a formal hearing, usually four to six months later. DWI cases have two separate tracks: the criminal case in court and the civil ALR process with DPS. Outcomes in one do not automatically affect the other.

What Is the Administrative License Revocation (ALR) Program?

The Administrative License Revocation (ALR) program is an administrative process managed by the Texas Department of Public Safety (DPS) that can suspend a driver’s license after a DWI arrest. It operates independently of the criminal court case, meaning your license can be suspended even before any conviction. The program has its own rules, procedures, and deadlines, making it a critical part of DWI defense in Texas.

How ALR Relates to Implied Consent Laws

Texas law follows the principle of implied consent. By driving on public roads, you automatically agree to provide a breath or blood sample if lawfully arrested for DWI. Refusing the test does not avoid consequences. In fact, a refusal often results in a longer ALR suspension than simply failing a test.

Which Arrests Trigger an ALR Suspension

An ALR suspension begins if a driver either fails a breath or blood test with a BAC of 0.08% or higher, or refuses to submit to testing. At the time of arrest, the officer must issue a Notice of Suspension, which starts a strict deadline to request an ALR hearing. Acting within this window is the only way to prevent an automatic suspension and protect your driving privileges.

What Happens at an ALR Hearing

An ALR hearing gives drivers an opportunity to contest a license suspension. The hearing focuses on whether the officer had reasonable suspicion to make the stop, whether testing was properly administered, and whether legal procedures were followed. Since the ALR process is separate from the criminal case, the hearing does not determine guilt or innocence in the underlying DWI charge.

The process begins once a Notice of Suspension is issued. To avoid automatic suspension, a driver must request a hearing in writing within 15 days. If no request is made, the license is suspended after 40 days for a period determined by the circumstances of the arrest.

Challenging a Suspension

At the hearing, drivers or their attorneys can present evidence, review police reports, question officers, and highlight procedural errors. Common defenses include challenging the officer’s probable cause for the stop, identifying testing errors, or questioning the accuracy of breath and blood test results. Violations of a driver’s rights, such as not being informed of the consequences of refusing a test, can also strengthen the case.

Potential Outcomes

The judge may either uphold or overturn the suspension based on the evidence. If the suspension is upheld, it typically lasts from roughly 90 days to two years. If the defense successfully challenges the stop or testing procedures, the suspension may be overturned, allowing the driver to retain their license.

An ALR hearing is often one of the most important steps in protecting driving privileges. Acting quickly and presenting a prepared case can make a meaningful difference in both the ALR outcome and the broader DWI defense strategy.

How Long Is a DWI License Suspension in Texas?

The length of a DWI license suspension in Texas varies depending on your history, no matter if you refused testing, and any aggravating factors such as a child passenger or prior offenses. Texas separates license suspensions into two categories: administrative and criminal, and each operates under different rules.

Administrative License Revocation (ALR) Suspension

An ALR suspension begins immediately after a DWI arrest if you either refuse a breath or blood test or fail a test. Texas law treats both situations as violations under the implied consent statute. For a first-time failure of a breath or blood test, the ALR suspension is typically 90 days. A first-time refusal to submit to testing carries a longer suspension, generally 180 days. For a second refusal or failure within ten years, the suspension can extend up to two years.

It’s important to note that even if your criminal case is later dismissed, the ALR suspension is separate and still applies. Acting within the initial 15-day window to request a hearing can prevent the suspension from automatically taking effect, providing time to challenge it at a formal hearing.

Criminal License Suspension

A criminal license suspension may also be imposed following a DWI conviction in court. The length depends on your offense history and the specific charge. A first DWI conviction, classified as a Class B misdemeanor, can result in a suspension of up to one year. A second conviction, a Class A misdemeanor, can extend the suspension up to two years. Third or subsequent convictions, which are typically felony charges, also carry suspensions of up to two years.

Certain offenses have mandatory suspension periods. For example, a DWI with a child passenger is considered a Class C misdemeanor and comes with a required 180-day license suspension. Criminal suspensions can overlap with ALR suspensions, but they are distinct penalties with separate legal consequences.

You Have 15 Days to Act — Here Is What to Do

You have only 15 days to act once you receive your Notice of Suspension. This deadline is critical, as missing it can result in automatic license suspension.

Start by reading the Notice carefully and confirming the issue date. That date marks the first day of your 15-day window. Contact a DWI attorney immediately. Waiting until the last moment can prevent the hearing request from being filed properly.

Your attorney will submit a written request for an ALR hearing to the Texas State Office of Administrative Hearings (SOAH) and include the required filing fee. During this time, the Notice of Suspension acts as a temporary permit, allowing you to drive legally. Filing the request also allows your attorney to subpoena the arresting officer, giving early access to evidence that can be crucial in your criminal case.

If the 15-day deadline passes without a hearing request, the Texas DPS will automatically suspend your license on day 41. At that point, your only option is to apply for an Occupational Driver’s License (ODL), which restricts driving to essential activities such as work, school, or medical appointments. Some cases may also require an ignition interlock device.

Acting quickly preserves your driving privileges, delays suspension, and gives your attorney time to gather evidence and build a defense. The 15-day deadline exists because once it passes, there is no extension or grace period.

Why Choose Texas Criminal Defense Group for Your DWI Case

A DWI arrest can have serious consequences for your freedom, career, and driving privileges. At Texas Criminal Defense Group, we combine extensive experience, data-driven strategy, and personalized attention to protect your rights and guide you through every step of the legal process.

Experienced Leadership and Specialized Defense

The firm is led by Stephen Hamilton, a board-certified criminal law attorney with 27 years of experience. We focus on helping individuals facing DWI charges, using detailed case analysis, police reports, and video evidence to build a strong defense. Starting February 2025, our in-house forensic toxicologist will review blood test data for every DWI case, a resource unique in Texas.

Client-Focused Support and Clear Guidance

We go beyond legal strategy to provide support, reassurance, and clear communication. From explaining procedures to preparing clients for hearings or trials, we ensure you understand each step. Our flat-fee structure includes trial representation, and flexible payment options allow for plans up to 12–15 months.

Commitment to Results and Protection

We prioritize protecting your freedom, livelihood, and driving privileges. Our team works tirelessly to uncover weaknesses in the prosecution’s case, challenge evidence, and maximize opportunities for favorable outcomes. Choosing Texas Criminal Defense Group means having a dedicated partner focused on achieving the best possible result for your case.

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Frequently Asked Questions (FAQs)

Does a DWI automatically suspend your license in Texas?

A DWI arrest does not immediately suspend your license, but triggers an ALR process. If no hearing is requested within 15 days, the Texas DPS automatically suspends the license on day 41. Filing timely stops the automatic suspension and schedules a hearing.

Can you drive after a DWI arrest in Texas?

Yes, your Notice of Suspension acts as a temporary permit valid for 40 days. Requesting an ALR hearing extends privileges until the hearing. Driving becomes illegal only if no hearing is filed or once a suspension is upheld.

What happens if you refuse a breathalyzer test in Texas?

Refusing a breath or blood test triggers a longer ALR suspension than failing one. First-time refusal is 180 days; prior offenses extend it to two years. Officers can still obtain blood via warrant, and chemical evidence may still be collected.

How do you request an ALR hearing in Texas?

Submit a written request to the Texas DPS within 15 days of receiving your Notice of Suspension. Include driver details, reference the notice, and pay the filing fee. Attorneys usually handle this promptly and can subpoena the arresting officer.

Can an ALR hearing result in keeping your license?

Yes, an ALR hearing can restore full driving privileges if the judge identifies procedural errors, lack of probable cause, or testing issues. Working with experienced attorneys, like our team at Texas Criminal Defense Group, significantly improves your chances, and even if the suspension is upheld, the evidence and testimony gathered during the hearing can strengthen your overall DWI defense.

 

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice regarding your specific situation, please contact Texas Criminal Defense Group.