Walking out of jail after a DWI arrest in Texas is disorienting. You have been booked, fingerprinted, possibly held overnight, and now you are home with a piece of paper called a DIC-25 in your hand. That single sheet sets a 15-day clock that, if missed, costs you your driver’s license automatically. It is normal to feel scared, embarrassed, or paralyzed by the volume of what just happened. The most important thing to understand is that the 15-day clock is the single hardest deadline in the entire DWI process, and acting fast protects your right to drive. At McCarty-Larson, PLLC, we understand exactly how time-sensitive this moment is. Our team handles DWI cases throughout Ellis County, Johnson County, Tarrant County, and Dallas County, and we file ALR hearing requests the same day clients call. This guide explains the 15-day rule, the second clock most people do not know about, how to request the hearing, and what happens once it is set.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
The Short Answer
You have 15 days from the date of your DWI arrest to request an Administrative License Revocation hearing in Texas. If you miss the deadline, DPS suspends your driver’s license automatically on the 40th day with no appeal. If you took a blood test, a separate 20-day clock starts when DPS receives the lab results and mails you a notice. Requesting the hearing pauses the suspension while your case is pending.
What Is an ALR Hearing in Texas?
An Administrative License Revocation hearing is a civil proceeding the Texas Department of Public Safety uses to suspend your driver’s license after a DWI arrest. Texas Transportation Code Chapter 524 governs the hearing, and the State Office of Administrative Hearings, also called SOAH, holds it. An administrative law judge presides over the case and rules only on whether your driver’s license should be suspended. The criminal DWI case is completely separate, runs on its own timeline, and a different court decides it.
The civil and criminal tracks operate independently. You can win your ALR hearing and still face the criminal DWI charge. You can lose your ALR hearing and still get the criminal case dismissed. The only point where the two tracks intersect is acquittal on certain criminal charges, which can bar or rescind an ALR suspension under Texas Transportation Code Section 724.048. The two tracks need separate defenses, and most experienced DWI attorneys handle both at the same time.
The Two Clocks: 15 Days for Refusal or Breath, 20 Days for Blood
Most people learn about the 15-day rule. Far fewer learn about the 20-day rule that applies to blood test cases. Knowing which clock you are on is the first thing that matters after a DWI arrest.
The 15-Day Clock for Breath Test and Refusal Cases
If you took a breath test and failed it (0.08 or higher) or you refused to provide a breath or blood sample, the officer takes your physical driver’s license at the scene and hands you a DIC-25, which is a Notice of Suspension that also serves as a 40-day temporary driving permit. The 15-day clock starts the day the officer serves the notice. You must request your ALR hearing within 15 days, or your license suspends automatically on the 40th day.
The 20-Day Clock for Blood Test Cases
If you gave a blood sample but the officer did not have immediate breath test results, the officer may have released you without a DIC-25. Many blood test arrestees go home assuming there is no deadline. There is. When DPS receives the lab results showing 0.08 or higher, the agency mails a notice to the address on your driver’s license. The 20-day clock starts the day DPS serves that notice, which is typically a few weeks after the arrest. Most people miss this clock entirely because they did not get a notice at the scene and the mailed notice never reaches them, which usually happens because they have moved or the address on the license is outdated.
The fix is simple: if you took a blood test, update your address with DPS and check the mail every day for the next 60 to 90 days. The notice will arrive. When it does, you have 20 days to request the hearing.
How to Request an ALR Hearing
Three options exist for requesting the hearing. Whichever one you use, request it the same day if possible. The clock does not pause for weekends, holidays, or anything else.
Online Through the Texas DPS Portal
The fastest method is the online portal at the Texas DPS ALR Program page. You will need your driver’s license number, date of birth, and arrest details from the DIC-25. The system generates a confirmation that the request went through, which becomes critical proof if any deadline question arises later.
By Phone at 1-800-394-9913
Calling the DPS ALR Section directly is the second option. Have your DIC-25 in front of you when you call. Write down the name of the person you spoke with, the date, and the time. DPS accepts phone requests but they are harder to prove later if anything goes wrong.
By Fax or Mail to the DPS Enforcement and Compliance Service
The third option is a written request faxed or mailed to the DPS Enforcement and Compliance Service in Austin. The fax method generates a confirmation page. The mail method requires certified mail with return receipt to prove delivery within the 15-day window. This is the slowest method and carries the most risk if the deadline is close.
What Happens at the ALR Hearing
After you request the hearing, DPS sets a date and time. DPS typically schedules the hearing 30 to 120 days out, and your DIC-25 keeps you legal to drive until the judge rules. Most ALR hearings now happen by Zoom or telephone, although you can request an in-person hearing.
The administrative law judge applies a preponderance of the evidence standard, which is a much lower burden of proof than the beyond a reasonable doubt standard the criminal case uses. DPS only has to prove four issues to suspend your license. First, the officer had reasonable suspicion to stop your vehicle. Second, the officer had probable cause to arrest you for DWI. Third, the officer properly informed you of the consequences of refusing a chemical test. Fourth, either you refused to provide a sample or your test result was 0.08 or higher.
The hearing usually lasts 30 to 60 minutes. The arresting officer either testifies in person or, more commonly, by telephone. Your attorney can subpoena the officer to require live testimony, cross-examine the officer on the four issues, challenge the test evidence, and call witnesses. The judge issues a written decision either at the hearing or within 10 to 15 business days afterward.
How to Win an ALR Hearing
ALR hearings can absolutely be won. The standard is not impossible, and several procedural defenses regularly succeed.
The Officer Fails to Appear
If your attorney subpoenas the arresting officer for an in-person hearing and the officer fails to appear, DPS cannot meet its burden of proof on the testimony-required issues. The case typically dismisses outright. Your attorney has to properly serve the subpoena, and you have to specifically request the in-person hearing. If DPS sets the hearing as telephonic, DPS can put the officer’s affidavit into evidence without live testimony, which makes the no-show defense much harder.
Lack of Reasonable Suspicion for the Stop
Every DWI case starts with a traffic stop or other police contact. If the stop was not based on reasonable suspicion of a traffic violation or other articulable facts, the entire case collapses. Common challenges include disputed lane departures, weaving entirely within a single lane, and stops based on anonymous tips that turn out to be insufficiently corroborated.
Lack of Probable Cause for the Arrest
Even with a valid stop, the officer must have probable cause to believe you were driving while intoxicated before making the arrest. Field sobriety test administration errors, video evidence that contradicts the officer’s report, and unreliable observations of intoxication can all defeat probable cause. For more on how field sobriety tests get challenged, see our post on the role of field sobriety tests in Texas DWI cases.
Test Evidence Problems
Breath test machines require regular calibration and certified operators. If maintenance records, calibration logs, or operator certifications are missing or out of date, the judge can exclude the test result. Blood test cases have their own evidentiary requirements including chain of custody and lab certification. An ALR attorney who knows the technical rules can often exclude the test result entirely.
The “Free Discovery” Advantage
The ALR hearing is also the best free discovery opportunity in any DWI case. It is often the first time your attorney sees the police report, hears the officer testify under oath, and identifies inconsistencies between the officer’s testimony and the body camera or dash camera video. Even if you lose the ALR hearing, the cross-examination transcript becomes a powerful tool in the criminal DWI defense. Defense attorneys regularly use officer testimony from the ALR hearing to reduce or dismiss criminal cases.
This is why hiring an attorney to handle both the ALR hearing and the criminal case together produces better results than handling them separately. The two tracks share evidence and cross-pollinate. For a broader walkthrough of the DWI process from the moment of arrest, see our post on what to expect during a DWI arrest in Texas.
Suspension Periods If You Lose the ALR Hearing
If the judge sustains the suspension, the length depends on whether you refused or failed the test, your age, and your prior history.
For drivers 21 and older who failed the test (0.08 or higher), the first offense triggers a 90-day suspension. A second or subsequent offense within 10 years triggers a one-year suspension. For drivers 21 and older who refused testing, the first offense triggers a 180-day suspension. A second or subsequent refusal triggers a two-year suspension.
For drivers under 21, any detectable amount of alcohol triggers an automatic 60-day suspension on the first offense. Subsequent offenses run 120 to 180 days. Refusals by drivers under 21 carry the same 180-day or two-year suspension as adult refusals.
Special Rules for CDL Holders
Commercial driver’s license holders face significantly harsher consequences. A failed test (0.04 or higher in a commercial vehicle, 0.08 or higher in a personal vehicle) or a refusal triggers a one-year disqualification on the first offense. Drivers transporting hazardous materials at the time face a three-year disqualification. A second offense at any time triggers a permanent disqualification with no eligibility for reinstatement. CDL disqualifications also create a permanent mark on the commercial driving record that triggers immediate job loss in most trucking and commercial driving positions.
If you hold a CDL and live in or drive through Johnson County or the I-35W corridor, the stakes of the ALR hearing are different than for a personal license. Hiring counsel who handles CDL ALR cases specifically is critical. Our Johnson County DWI lawyers handle CDL cases regularly.
What If You Miss the Deadline or Lose the Hearing
If the deadline passes without a hearing request, or if the judge sustains the suspension, the suspension takes effect on the 40th day after the notice. You may still qualify for an Occupational Driver’s License, also called an ODL. An ODL allows limited driving for work, school, and essential household duties such as grocery shopping and medical appointments.
To get an ODL, you file a petition with the JP court or the district court in your county of residence, file an SR-22 insurance certificate from your insurance company, and pay the required fees. The court issues an order that authorizes specific driving for specific purposes, typically up to 12 hours per day. The license consequences alone can affect employment, housing, and family logistics significantly. For more on how DWI affects your job and insurance, see our post on how a DWI conviction can affect your job, license, and insurance in Texas.
How McCarty-Larson Can Help
The 15-day deadline does not wait. Robin McCarty and Bria Larson have over 50 years of combined experience handling Texas DWI cases, and our team files ALR hearing requests the same day clients call. We treat the ALR hearing as both a license-saving move and a free discovery opportunity for the criminal DWI defense.
- We file the ALR hearing request immediately and confirm receipt with DPS
- We subpoena the arresting officer for in-person testimony when it serves the case
- We challenge the stop, arrest, and test evidence using the four-issue burden DPS must meet
- We use the ALR hearing transcript to strengthen the criminal DWI defense
- We handle Occupational Driver’s License petitions when the suspension takes effect
- We protect CDL holders from the career-ending one-year and permanent disqualifications
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Act Within the 15-Day Window
Every hour counts after a DWI arrest. The longer you wait to request the ALR hearing, the harder it gets to file the request correctly and gather the evidence needed to win it. Contact McCarty-Larson today at (972) 775-2100 for a free, confidential consultation. Our Texas DWI attorneys are ready to stand by you every step of the way.
Frequently Asked Questions About Texas ALR Hearings
What is an ALR hearing in Texas?
An ALR hearing is a civil proceeding the Texas Department of Public Safety uses to suspend a driver’s license after a DWI arrest. The State Office of Administrative Hearings holds the hearing under Texas Transportation Code Chapter 524. The hearing is completely separate from the criminal DWI case and decides only the license suspension question.
What happens if I miss the 15-day ALR deadline?
DPS suspends your driver’s license automatically on the 40th day after serving the notice. There is no appeal, no second chance, and no hearing once the deadline passes. You may still apply for an Occupational Driver’s License through the JP or district court, but the suspension takes effect regardless.
Do I need a lawyer to request an ALR hearing?
You can request the hearing yourself online or by phone, but representation at the hearing itself is strongly recommended. ALR hearings involve subpoenas, cross-examination, and technical evidentiary rules that experienced DWI attorneys know how to use. Self-represented drivers lose ALR hearings at significantly higher rates than represented ones.
More Common Questions About Texas ALR Hearings
How long do ALR suspensions last in Texas?
For adults who failed the test, the first offense triggers a 90-day suspension and a second offense triggers a one-year suspension. For adults who refused, the first offense triggers a 180-day suspension and a second offense triggers a two-year suspension. CDL holders face one-year disqualifications on the first offense and three years if they were transporting hazardous materials.
Will the ALR hearing affect my criminal DWI case?
The ALR and criminal cases are formally separate. The ALR result does not bind the criminal court and the criminal result usually does not bind the ALR. However, the testimony given at the ALR hearing becomes part of the discovery in the criminal case and often leads to reductions or dismissals. The two cases work in tandem when handled by the same attorney.
Can I drive while waiting for the ALR hearing?
Yes. The DIC-25 serves as a 40-day temporary permit, and once you request the hearing within 15 days, the suspension is paused until the judge rules. You remain legally licensed to drive throughout the wait, which can be 30 to 120 days depending on how DPS schedules the hearing.