What Happens at an ALR Hearing in Texas?

The ALR hearing is your only opportunity to contest the license suspension — and subpoenaing the arresting officer at this stage locks in their testimony before trial. The 15-day deadline starts at arrest.

What the ALR Hearing Is and Why It Matters Beyond Your License

An Administrative License Revocation (ALR) hearing is a civil proceeding before the State Office of Administrative Hearings (SOAH) to contest the Texas DPS license suspension that follows a DWI arrest. You have exactly 15 days from the DIC-25 notice issued at the scene to request one. But the ALR hearing is more than a license fight — it is also an opportunity to cross-examine the arresting officer under oath before the criminal trial, locking in their account of the stop and investigation on the record.

The 15-Day Deadline — No Extension Exists

When the officer issued the DIC-25 notice at your Austin DWI arrest, the ALR clock started. You have exactly 15 days from that date to request a hearing with the Texas DPS. Miss the deadline and your license is automatically suspended at day 40 — 90 days for a first failed breath test, 180 days for a refusal. No extension, no appeal, no exceptions. We file the ALR request the day you retain us on every case.

What Happens at the Hearing Itself

The ALR hearing is held before an Administrative Law Judge at SOAH. The DPS bears the burden of proving:

  • The officer had reasonable suspicion to stop the vehicle
  • The officer had probable cause to arrest for DWI
  • The defendant was properly requested to provide a breath or blood specimen
  • The defendant either provided a specimen above 0.08 or refused

The ALR judge applies the preponderance of evidence standard — lower than the criminal reasonable doubt standard. Even so, winning the ALR hearing means your license is not suspended and gives the criminal defense a significant boost.

The Strategic Value: Cross-Examining the Officer Before Trial

Even when the ALR hearing does not result in a “win” on the license issue, the hearing has significant value for the criminal DWI case. By subpoenaing the arresting APD officer to testify, 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 followed

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

Occupational License While Suspension Is Pending

Even if the ALR suspension proceeds, a Texas occupational driver’s license allows you to drive to and from work, school, and essential household duties during the suspension period. We file for an occupational license at the same time we challenge the suspension so you are not without transportation regardless of the ALR outcome.

What to Do Right Now

The 15-day window may already be partially elapsed. Call 512-599-9999 today. We file the ALR request the day you retain us — before any other step. The criminal case and the ALR proceeding run simultaneously and both require attention from day one.

Facing criminal charges in Austin? 20+ years criminal defense experience. Former Travis County DWI prosecutor on staff. Over 930 dismissals or rejected cases since 2021.

512-599-9999 — Free Consultation
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