Austin ALR Hearing Lawyer — Protect Your License After a DWI

Your License Is a Separate Battle 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 your driver's license is suspended after a DWI or DUI arrest — entirely separate from your criminal case. Under Texas implied-consent law, driving on a public road means you have already consented to a breath or blood test when lawfully requested. Your license can be suspended if you refused testing or provided a sample showing a BAC of 0.08 or higher (0.02 for minors).

Many people assume their license is safe until a criminal conviction. It is not. In Texas the criminal case and the license case run on two separate tracks — and the license case moves first. An experienced Austin DWI lawyer can act on both at once.

The 15-Day Deadline — No Extension Exists

When the officer served the DIC-25 notice at your arrest, the ALR clock started. You have exactly 15 calendar days from the date of arrest to request a hearing with the Texas Department of Public Safety. The temporary permit the officer issued is valid for only 40 days. Miss the deadline and your license is automatically suspended on the 40th day after arrest — 90 days for a first failed test, 180 days for a refusal. No extension, no appeal, no exceptions. We file the ALR request the day you retain us, before any other step.

What Happens at an ALR Hearing

The hearing is held before an Administrative Law Judge at SOAH. A DPS attorney — not the criminal prosecutor — carries the burden of proving four things:

• The officer had reasonable suspicion to stop the vehicle
• The officer had probable cause to arrest for DWI
• You were properly requested to provide a breath or blood specimen
• You either provided a specimen of 0.08 or higher, or refused

The judge applies the preponderance-of-the-evidence standard — a lower bar than the criminal "beyond a reasonable doubt" standard. Your attorney can cross-examine the arresting officer, challenge the legality of the stop, the administration of the field sobriety tests, and the accuracy of chemical testing. Winning means your license is not suspended.

The Strategic Value — Cross-Examining the Officer Before Trial

Even when the license issue itself is not won, the ALR hearing has real value for the criminal DWI case. By subpoenaing the arresting APD officer, we lock in their sworn account of:

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

If that testimony later contradicts the officer's written report or trial testimony, the inconsistency becomes powerful impeachment material. The ALR hearing is effectively the pretrial deposition the criminal case would not otherwise have.

Possible Outcomes and Suspension Lengths

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

Driving During Suspension — Occupational License

If your license is suspended, a Texas occupational driver's license (ODL, or "essential need" license) allows you to keep driving for work, school, and necessary household duties. Obtaining one requires filing a petition with the court, demonstrating an essential need, providing proof of financial responsibility (SR-22 insurance), and sometimes installing an ignition interlock device. We file for the occupational license at the same time we contest the suspension, so you are not left without transportation regardless of the ALR outcome.