The ALR hearing runs parallel to your criminal case with its own deadlines and suspension rules—most drivers learn too late that winning one proceeding doesn't resolve the other, and missing the 15-day ALR request window triggers automatic suspension regardless of your court outcome.
What triggers the ALR process and how does it differ from your criminal case?
The Administrative License Revocation process starts the moment a Texas officer arrests you for DWI or you refuse a breath or blood test—DPS receives the arrest report electronically and begins suspension proceedings independently of any criminal charges. You have exactly 15 days from arrest to request an ALR hearing by contacting the nearest DPS Driver License office in writing; miss that window and your license suspends automatically 40 days after arrest regardless of whether prosecutors ever file charges.
The ALR hearing determines only whether the officer had reasonable suspicion to stop you, probable cause to arrest you, and whether you failed or refused the test. It does not address guilt or innocence for the criminal DWI charge. A judge in criminal court and an Administrative Law Judge at the State Office of Administrative Hearings handle these proceedings separately, meaning you face two distinct legal battles with different standards of proof, different timelines, and outcomes that don't bind each other.
Winning your ALR hearing stops the administrative suspension but doesn't dismiss your criminal case. Conversely, getting your criminal charge reduced or dismissed doesn't automatically restore a license already suspended through ALR. Insurance carriers track both proceedings separately—the arrest itself often triggers a rate review at renewal, the ALR suspension outcome affects your driving record, and any criminal conviction creates a separate SR-22 filing requirement that persists regardless of ALR results.
How long does ALR suspension last and when does SR-22 filing begin?
First-offense ALR suspension for failing a breath or blood test runs 90 days if you're 21 or older, 60 days if you're under 21. Refusing the test triggers longer penalties: 180 days for adults, one year for minors. These suspensions begin 40 days after arrest unless you requested a hearing within the 15-day window—the hearing request pauses the suspension until the ALR judge issues a ruling, which typically takes 30 to 90 days depending on court backlog and whether you subpoena the arresting officer.
SR-22 filing starts only after a criminal DWI conviction or deferred adjudication, not from the ALR process itself. Texas requires SR-22 for two years following conviction, measured from the date you regain valid driving privileges—not from conviction date or arrest date. If your license suspends for six months through criminal court penalties and you don't obtain an occupational license during that time, your two-year SR-22 clock doesn't start until you reinstate and pay the $125 reinstatement fee to DPS.
Occupational licenses create a timing wrinkle: you can file for one during ALR suspension and drive legally for work, education, or essential household duties, but if you later receive a criminal conviction, that occupational license gets revoked and you must reapply under criminal court supervision. The SR-22 requirement attaches when criminal penalties begin, meaning you might carry SR-22 filing during your occupational license period and continue it for two full years after full reinstatement.
Find out exactly how long SR-22 is required in your state
What happens if you miss the 15-day ALR hearing request deadline?
Missing the 15-day request window triggers automatic license suspension starting on the 40th day after arrest—no hearing, no chance to contest the arresting officer's probable cause, no opportunity to challenge test procedures or results. DPS mails a suspension notice to your address on file, and if that address is outdated or you ignore the notice assuming it relates to your pending criminal case, you enter suspension without realizing it until you're pulled over for driving with a suspended license, which creates a new Class B misdemeanor charge carrying up to 180 days in jail and a $2,000 fine.
Carriers don't wait for suspension to begin before repricing your policy. The arrest report reaches carrier underwriting systems within days through LexisNexis or similar databases, and most carriers apply a "pending DWI" surcharge at your next renewal even if your ALR hearing hasn't occurred yet. That surcharge typically ranges from 60% to 110% depending on carrier tier classification—State Farm and USAA tend toward the lower end for first offenses with no accident, while Progressive and The General often apply major violation pricing immediately.
You cannot retroactively request an ALR hearing after the 15-day deadline passes. Your only administrative remedy at that point is applying for an occupational license, which requires filing a petition in the county where you were arrested, paying court fees ranging from $250 to $400, and demonstrating essential need—employment, education, or household duties that require driving. The occupational license doesn't erase the suspension from your record; it creates a restricted driving privilege while the full suspension period runs in the background.
How do occupational licenses interact with SR-22 requirements?
An occupational license allows restricted driving during suspension periods imposed through either ALR or criminal court—you can drive for work, school, essential household tasks like grocery shopping or medical appointments, and court-ordered obligations like drug testing or community service. Texas requires SR-22 filing to activate an occupational license; you must purchase at minimum liability coverage meeting state minimums (30/60/25), obtain the SR-22 certificate from your carrier, and file it with DPS before the occupational license becomes valid.
Carriers treat occupational license SR-22 differently than post-conviction SR-22 for pricing purposes. During the occupational license phase, you're classified as a suspended driver with restricted privileges—high-risk tier, often requiring non-standard carriers like Dairyland, Alliance United, or Acceptance Insurance, with monthly premiums ranging from $180 to $320 for minimum liability depending on your county and violation details. Once you complete suspension and reinstate your regular license, some carriers reclassify you to standard high-risk rather than suspended driver, which can lower premiums by 15% to 25% even though SR-22 filing continues.
The two-year SR-22 requirement for a DWI conviction doesn't shorten because you held an occupational license during part of the suspension. If you spent six months on an occupational license, then reinstated your full license and drove two years with SR-22, you've carried the filing for 2.5 years total—but DPS only requires the filing to remain active for two years after full reinstatement. Canceling SR-22 early, even by one day, resets your compliance clock and triggers a new suspension notice.
Which carriers write SR-22 policies in Texas and how do their timelines differ?
State Farm, GEICO, and Progressive write SR-22 policies for existing customers who receive a first DWI conviction, but all three non-renew at the end of the current policy term—typically within six months of the conviction appearing on your MVR. Progressive occasionally retains customers past first renewal if the DWI involved no accident and no prior violations, but raises rates 85% to 120% and requires continuous SR-22 for the full two-year statutory period.
Non-standard carriers like Dairyland, The General, Acceptance Insurance, and Alliance United specialize in post-DWI coverage and don't non-renew based solely on SR-22 status, but they apply major violation surcharges that persist for five years in Texas—three years at the elevated rate, then two years of step-down pricing as the violation ages. Monthly premiums for minimum liability with SR-22 through these carriers range from $165 to $290 depending on your county, age, and whether the DWI involved an accident or injury.
SR-22 filing fees vary by carrier: Progressive charges $25 per policy term, State Farm charges $50 annually, and non-standard carriers typically build the fee into premium rather than itemizing it separately. DPS charges no fee to receive or process the SR-22—the filing is a carrier obligation, not a driver transaction. Switching carriers during your two-year SR-22 period requires the new carrier to file an SR-22 before your old policy cancels; any gap longer than 30 days triggers a suspension notice and restarts your compliance timeline from zero.
What documentation does DPS require to reinstate after ALR or criminal suspension?
Reinstatement after ALR suspension requires paying the $125 reinstatement fee online through the DPS website or in person at a driver license office, providing proof of insurance (SR-22 if required by criminal conviction), and submitting completion certificates for any court-ordered programs like the DWI Education Program or Drug Offender Education Program. DPS does not reinstate until all documentation reaches their system—mailing completion certificates adds 10 to 15 business days to processing time compared to submitting them in person.
Criminal suspension reinstatement adds extra requirements depending on your conviction specifics: first-offense DWI with BAC under 0.15 requires 12 hours of DWI Education Program, completion certificate filed with DPS, and SR-22 active at the time you apply for reinstatement. BAC of 0.15 or higher, or any DWI with a child passenger under 15, requires ignition interlock installation for at minimum six months, with monthly monitoring reports filed to DPS proving compliance—your SR-22 must remain active during the entire interlock period and for two years after removal.
DPS processes reinstatements within three business days if all documentation is complete and fees are paid, but most delays occur because drivers submit SR-22 certificates before completing required education programs or paying outstanding court fines. Your SR-22 two-year clock starts the day DPS processes reinstatement and your license status changes from suspended to valid—not the day you filed paperwork or paid the fee. Confirm reinstatement completion by checking your status on the DPS website before driving; assumption creates risk.
