Austin ALR Hearing Lawyer | Protect Your License After a DWI

Your License Is a Separate Process After an Austin DWI Arrest

An Administrative License Revocation (ALR) hearing is a civil proceeding before the State Office of Administrative Hearings (SOAH) that decides whether a proposed driver's license suspension will be upheld after a DWI or DUI arrest. It is separate from the criminal case. Under Texas implied-consent law, a person arrested for certain offenses may be asked to provide a breath or blood specimen. A license can be suspended through the ALR process if the person refused a proper request or provided a specimen showing an alcohol concentration of 0.08 or higher. For drivers under 21, the ALR process can apply to any detectable amount of alcohol in some circumstances.

Many people assume their license is safe until a criminal conviction. In Texas, the criminal case and the license case run on separate tracks, and the license case often moves first. An experienced Austin DWI lawyer can address both.

The 15-Day ALR Deadline

Texas DPS generally requires an ALR hearing request within 15 days after the person is served with the suspension notice. For many breath-test and refusal cases, the DIC-25 notice is served at arrest and generally serves as a temporary permit for 40 days. In some blood-test cases, the notice of suspension arrives later, after the lab result, and DPS instructs that the hearing request should not be submitted until that notice is received. The notice received should be reviewed to confirm the deadline.

If a timely hearing request is not made, the suspension can take effect on the date stated in the notice. For a first offense, the ALR suspension is generally 90 days for a qualifying test failure and 180 days for a refusal. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline.

What Happens at an ALR Hearing

The hearing is held before an Administrative Law Judge at SOAH. A DPS attorney, not the criminal prosecutor, must prove the statutory issues. Depending on whether the case involves a test failure or a refusal, those issues generally include:

• Whether there was reasonable suspicion to stop or probable cause to arrest
• Whether there was probable cause to believe the person operated a motor vehicle in a public place while intoxicated
• Whether a specimen was properly requested with the required warnings, in refusal cases
• Whether the specimen showed a qualifying alcohol concentration, or whether the person refused

The judge applies the preponderance-of-the-evidence standard, a lower bar than the criminal “beyond a reasonable doubt” standard. The defense can challenge the legality of the stop, the basis for the arrest, and the specimen evidence. If DPS does not meet its burden, the ALR suspension is generally not imposed, although other license consequences can still arise from the criminal case or other grounds.

Potential Value for the Criminal Case

Even when the license issue is not won, the ALR hearing may have value for the criminal DWI case. If the arresting officer is subpoenaed and appears, the hearing may provide an opportunity to obtain sworn testimony about:

• The basis for the traffic stop
• What the officer observed before the arrest
• How the field sobriety tests were administered
• The breath or blood test procedure followed

If that testimony differs from the officer's written report or later testimony, the difference may be useful in the criminal case. Whether the officer appears and what testimony is obtained varies by case.

Possible Outcomes and Suspension Lengths

If the judge rules in your favor, the ALR suspension is generally not imposed. If DPS prevails, the length of the suspension depends on the circumstances:

Driving During Suspension: Occupational License

If a license is suspended, a Texas occupational driver's license (ODL, or “essential need” license) may allow driving for work, school, and necessary household duties. Obtaining one generally requires a court petition, a showing of essential need, proof of financial responsibility (SR-22 insurance), and sometimes an ignition interlock device. The firm can evaluate whether an occupational license may be available and assist with the petition.