ALR hearings in Texas

How long is the suspension?

What happens at the hearing?

An administrative law judge decides whether DPS proves, by a preponderance of the evidence, the issues the law requires, such as reasonable suspicion or probable cause for the stop and that you refused or failed a test. Your attorney can subpoena the arresting officer, and that testimony under oath can be useful later in the criminal case.

Is the ALR case the same as the criminal case?

No. You can win one and lose the other. The ALR result does not decide guilt in the DWI case.

Can I drive while suspended?

You may qualify for an occupational driver's license that lets you drive for work, school and household needs, sometimes with an interlock (Transportation Code 521.244).

What should I do right now?

1. Find the notice of suspension (often given at arrest) and note the date
2. Count 15 days
3. Call us so the request is made on time

What does the State have to prove at an ALR hearing?

The administrative law judge decides issues set out in Transportation Code 524.035, including whether there was reasonable suspicion to stop or probable cause to arrest, whether there was probable cause to believe you operated a vehicle in a public place while intoxicated, and whether your alcohol concentration was 0.08 or more (or, in a refusal case, whether you refused after proper warnings). The State must prove these issues by a preponderance of the evidence, a lower standard than in the criminal case.

Who decides the case?

An administrative law judge from the State Office of Administrative Hearings (SOAH). The Department of Public Safety is represented by its own attorney. Hearings may be held in person, by telephone or by videoconference.

Why request a hearing even if the evidence looks strong?

• The request stops the automatic suspension until the hearing is decided.
• Your lawyer may be able to question the arresting officer under oath, which can help in the criminal case.
• Paperwork problems, missing evidence or a weak basis for the stop can lead to a win.

What if I lose?

The suspension takes effect. You can appeal to a county court at law, or a county court if there is none, generally within 30 days after the decision becomes final (Transportation Code 524.041). An appeal does not automatically stop the suspension. You may also ask a court for an occupational license for essential driving (Transportation Code 521.242).

How long are the suspensions?

For adults: 90 days for a failed test with no prior alcohol or drug contact in 10 years, or 1 year with one (Transportation Code 524.022); 180 days for a refusal with no prior contact, or 2 years with one (724.035).

ALR hearing checklist

• The notice of suspension and the date you received it
• Your hearing request confirmation
• Names of witnesses, and any photos or video from the scene
• Your driving record and any prior suspensions

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.

Should I testify at the ALR hearing?

Usually that is a strategic decision for you and your lawyer. Anything you say under oath at the hearing can be used in the criminal case. In many hearings, the most useful testimony comes from the officer, not the driver.

What if I have a commercial driver's license?

A CDL holder faces disqualification of commercial driving privileges after a failed test or refusal, separate from the regular suspension, and an occupational license does not allow commercial driving. Tell your lawyer right away if you hold a CDL. See DWI defense.

Does the ALR result decide the criminal case?

No. Winning the ALR hearing does not dismiss the criminal case, and losing it does not mean you will be convicted. The two cases use different standards and different decision makers.

Are the rules different for drivers under 21?

Yes. For a minor, the ALR suspension is 60 days with no prior conviction for DUI, DWI or a listed intoxication offense, 120 days with one prior and 180 days with two or more (Transportation Code 524.022(b)). For this purpose, a juvenile adjudication or a deferred adjudication for one of those offenses counts as a prior conviction (524.022(c)).

Can the suspension be put on probation?

No. A suspension under chapter 524 may not be probated (Transportation Code 524.021(b)). That is why the hearing request, and an occupational license if the suspension takes effect, are the main tools for keeping you on the road.

When does a refusal suspension start?

A refusal suspension under Transportation Code 724.035 also takes effect on the 40th day after you receive the notice of suspension, or are considered to have received it (724.035(c)). The length is 180 days, or 2 years if your driving record shows an alcohol- or drug-related enforcement contact in the prior 10 years.

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