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The first 15 days after a DWI arrest in Texas

Published · Texas Criminal Defense Attorneys PLLC

In short: The most urgent deadline after a Texas DWI arrest is the 15-day window to request an Administrative License Revocation (ALR) hearing (Transportation Code 524.031). If no hearing is requested, the suspension usually begins on the 40th day after notice. The criminal case moves on a separate, slower track.

Why does the 15-day deadline matter?

When you fail or refuse a breath or blood test, the officer usually takes your license and gives you a notice of suspension, which often serves as a temporary driving permit. That starts a civil case against your license that is separate from the criminal charge. Requesting a hearing stops the automatic suspension until the hearing, and the hearing is a chance to question the officer under oath and to see the State's evidence early.

How long is the suspension if I lose the ALR hearing?

ALR suspension periods for adult drivers (Transportation Code 524.022 and 724.035)
SituationTypical suspension
Failed test, no prior alcohol or drug contact in 10 years90 days
Failed test, with a prior contact1 year
Refused test, no prior contact180 days
Refused test, with a prior contact2 years

A checklist for the first two weeks

  1. Day 1: Find the notice of suspension and your bond papers. Write down the date you received the notice.
  2. Days 1 to 3: Write a detailed timeline of the night while you remember it: what you ate and drank, when, where you were, and what the officer said and did.
  3. Days 1 to 5: Comply with any bond condition, such as installing an ignition interlock by the date ordered.
  4. Before day 15: Request the ALR hearing, or confirm that your lawyer has done so.
  5. Throughout: Do not post about the arrest, and do not discuss the facts by text.
  6. Throughout: Collect receipts, bank records and names of people who were with you.

What happens with the criminal case during this time?

Usually very little. After release on bond, the prosecutor files the case and the court sends notice of the first setting. In Dallas County, misdemeanor DWI cases are heard in the County Criminal Courts at the Frank Crowley Courts Building. That first setting may be weeks away, which is why the license deadline comes first.

Can I still drive?

Until the suspension takes effect, the temporary permit generally allows driving. If a suspension begins, an occupational license may be available for essential driving.

What happens at the ALR hearing?

An administrative law judge from the State Office of Administrative Hearings decides whether the Department of Public Safety has proven the grounds for suspension: that there was reasonable suspicion or probable cause for the stop, probable cause to believe you were intoxicated, and that you either refused or gave a specimen at or above 0.08. The arresting officer can be subpoenaed, which lets your lawyer question the officer under oath long before any criminal trial.

What is an occupational license?

If a suspension takes effect, Transportation Code 521.244 allows a court to grant an occupational license for essential driving, such as work, school and household duties. The court sets the hours and places you may drive and can require an ignition interlock. Keep the order in the vehicle while driving.

What should my written timeline include?

Write it for your lawyer only, and do not share it with anyone else.

Where are these cases heard in Dallas County?

People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.

What should I bring to a consultation?

Where are these cases heard outside Dallas?

We handle these cases from our only office, in downtown Dallas, in the courts of 12 North Texas counties. Each county page explains where DWI cases are heard and who prosecutes them: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026

Common questions

What happens if I miss the 15-day deadline?

The suspension usually takes effect automatically on the 40th day after notice. An occupational license may still be possible.

Is the ALR hearing the same as my criminal case?

No. It is a civil hearing about your license, heard by the State Office of Administrative Hearings.

Can I get an occupational license right away?

It depends on your record and the type of suspension. Some suspensions require a waiting period before an occupational license.

Do I have to attend the ALR hearing?

Your lawyer can usually handle it. Ask whether your testimony would help or hurt.

Do not wait for your court date to get help. Call (214) 239-2013.

Call (214) 239-2013

Phones and chat are answered 24/7, with AI covering when no staff is free.

This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.

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