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How to Request an ALR Hearing in Texas (15-Day Window)

What happens if you don't request an ALR hearing within 15 days?

Your license suspends automatically on the 40th day after arrest. Texas runs two separate violation processes after DWI arrest—the criminal court case everyone expects, and an administrative license revocation (ALR) process most drivers don't know exists until it's too late. The ALR track operates independently through the Department of Public Safety, not the court system, and it moves faster.

The 15-day request window starts the day of arrest, not the day charges are filed or your court date is set. Weekends and holidays count. If you're arrested on a Friday, day 15 falls two weeks from that Friday—DPS must receive your hearing request by 5 p.m. that day or the administrative suspension becomes final.

This creates the core failure point: drivers assume their criminal defense attorney will handle everything, but criminal attorneys don't automatically file ALR hearing requests unless specifically retained for administrative proceedings. By the time most drivers realize there's a second track, the request deadline has passed and the suspension is already in motion.

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How do you submit an ALR hearing request to Texas DPS?

Mail or fax your request to the Texas DPS Driver Improvement Bureau within 15 days of arrest. The request must include your full name exactly as it appears on your driver license, your date of birth, driver license number, arrest date, and arresting agency name. You can use DPS Form DIC-25 (Administrative License Revocation Hearing Request) or submit a signed letter containing the same information.

Fax submissions go to 512-424-2365. Mailed requests go to Texas Department of Public Safety, Driver Improvement Bureau, ATTN: ALR, P.O. Box 4087, Austin, TX 78773-0320. DPS stamps requests by receipt time, not postmark—if you mail on day 14 and it arrives on day 17, you missed the deadline.

Once DPS receives your request, they schedule a hearing typically 30 to 75 days out and send notice to the address on your license. If you've moved since your license was issued and haven't updated your address with DPS, you won't receive hearing notice. The hearing still happens—you just don't know when or where. Failure to appear results in default suspension.

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What evidence can you present at an ALR hearing?

ALR hearings allow you to challenge the legality of the traffic stop, the administration of field sobriety or breath tests, and the accuracy of test results. You can subpoena the arresting officer, present witness testimony, and introduce lab reports or calibration records for testing equipment. The hearing officer (an administrative law judge assigned by the State Office of Administrative Hearings) evaluates whether DPS met the legal standard for suspension—not whether you're guilty of DWI in criminal court.

The burden of proof is lower in ALR proceedings than criminal trials. DPS must show by preponderance of evidence (more likely than not) that the officer had reasonable suspicion to stop you, probable cause to arrest, and that you refused testing or tested above the legal limit. You can win an ALR hearing and still face criminal conviction, or lose the hearing and have criminal charges dismissed—the two tracks operate independently.

Most drivers don't realize the ALR hearing creates discovery opportunities for the criminal case. Your attorney can cross-examine the arresting officer under oath before the criminal trial, preserve testimony if the officer later transfers or retires, and identify weaknesses in the state's evidence while DPS still carries the burden of proof.

How long does license suspension last if you lose or skip the ALR hearing?

First-offense suspensions last 90 days for breath test failure (0.08 BAC or higher) or 180 days for test refusal. Second and subsequent offenses within 10 years trigger one-year suspensions for failed tests and two-year suspensions for refusal. These timelines start on the 40th day after arrest if you didn't request a hearing, or on the date the ALR hearing officer issues a suspension order if you requested but lost the hearing.

Texas allows occupational driver licenses during ALR suspension periods. You can apply for an ODL immediately after suspension begins—there's no waiting period for administrative suspensions. The ODL permits driving for work, school, essential household duties, and court-ordered obligations within specific time windows and geographic boundaries you define in your petition.

If you win the ALR hearing, your license is never suspended administratively. Even if you're later convicted in criminal court and face a separate criminal suspension, the administrative track closes. This is why requesting the hearing matters even if you think the stop was valid—administrative hearing officers sometimes rule against DPS on procedural grounds (improper officer certification, missing calibration records, unclear probable cause) that wouldn't affect the criminal case.

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Does requesting an ALR hearing delay your license suspension?

Yes. Requesting a hearing stops the automatic 40-day suspension clock until the hearing officer issues a decision. If you request on day 10 and your hearing is scheduled 60 days later, your license remains valid during that entire period unless you're convicted in criminal court first. If you win the hearing, administrative suspension never occurs.

This delay alone justifies filing the request even if you don't plan to attend the hearing. A driver who requests on day 15 and gets a hearing date 75 days out gains an additional 35 days of valid driving privileges compared to a driver who missed the request window and suspended on day 40. For drivers whose jobs require valid licenses, that extra month can mean keeping employment versus losing it.

The hearing request also creates negotiating leverage. Prosecutors and criminal defense attorneys often use pending ALR hearing dates as deadlines to resolve criminal cases. If your criminal case resolves favorably before the ALR hearing (charges reduced to reckless driving, deferred adjudication granted, or dismissal secured), you can withdraw your ALR hearing request and avoid administrative suspension entirely.

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How does an ALR suspension affect your insurance rates?

Insurance carriers treat ALR suspensions as major violations regardless of criminal case outcome. A suspension—administrative or criminal—typically triggers 40% to 80% premium increases at renewal and moves you into high-risk underwriting tiers that restrict payment plans and raise deductible requirements. Some carriers non-renew policies automatically after license suspension, forcing drivers into the non-standard auto insurance market where premiums run 60% to 120% higher than standard-tier rates.

Carriers access suspension records through motor vehicle reports (MVRs) pulled at renewal. Even if your criminal DWI charge is dismissed or reduced, the administrative suspension appears on your MVR as a standalone event. Most carriers apply surcharges based on MVR content, not criminal court outcomes—meaning you pay the violation penalty even if you were never convicted.

Texas requires SR-22 certificates after DWI-related suspensions. You'll need to maintain SR-22 filing for two years from license reinstatement, and the filing itself adds $15 to $50 annually in processing fees on top of the underlying premium increase. Carriers that don't offer SR-22 filing will non-renew your policy, limiting your options further.

Can you request an ALR hearing if you already posted bond or retained a criminal attorney?

Yes. Posting bond and retaining criminal counsel have no effect on the ALR hearing request deadline. The 15-day clock starts at arrest and runs independently of anything happening in the criminal case. Many criminal defense attorneys handle ALR hearings as part of DWI representation, but this is not automatic—you must confirm ALR proceedings are included in your retainer agreement.

Some attorneys charge separately for ALR hearings because they're administrative proceedings outside the criminal court system. Typical ALR-only representation costs $500 to $1,500 depending on hearing complexity and whether the attorney must travel to a DPS office outside their primary jurisdiction. If your criminal attorney doesn't handle ALR cases, they should refer you to someone who does—but that referral still falls within your 15-day window.

If you're unrepresented on day 14, file the hearing request yourself. You can retain an attorney after the request is submitted. DPS allows you to add counsel at any point before the hearing date, and the hearing officer will reschedule once if your attorney needs additional preparation time. The only mistake that can't be fixed is missing the request deadline entirely.

Frequently Asked Questions

What happens if you request an ALR hearing but don't attend?

Your license suspends automatically by default order. DPS treats failure to appear the same as never requesting a hearing—the administrative suspension goes into effect based on the original arrest and test results. You cannot request a second hearing after missing the first one.

Does winning an ALR hearing prevent a criminal DWI conviction?

No. ALR hearings determine only whether DPS can suspend your license administratively. The criminal court case proceeds independently with separate evidence rules, burden of proof, and potential penalties. You can win the ALR hearing and still be convicted criminally, or lose the hearing and have criminal charges dismissed.

Can you drive legally while waiting for your ALR hearing date?

Yes, as long as you requested the hearing within 15 days and haven't been convicted in criminal court. Your license remains valid until the hearing officer issues a decision. If criminal conviction occurs first, that suspension supersedes the pending administrative case.

How much does it cost to request an ALR hearing in Texas?

There is no filing fee to request the hearing itself. If you hire an attorney for ALR representation, fees typically range from $500 to $1,500 depending on case complexity. Representing yourself at the hearing is legally permitted but uncommon—most drivers lack the procedural knowledge to cross-examine officers or challenge evidence admissibility effectively.

Does Texas offer hardship licenses during ALR suspension?

Texas calls them occupational driver licenses (ODLs), and you can apply immediately after suspension begins with no waiting period for administrative suspensions. The ODL allows driving for work, school, essential household duties, and court obligations during specific hours and routes you define in your court petition.