Administrative License Revocation (ALR) Hearing in Texas

Protect Your Driver’s License After a DWI Arrest

If you’ve been arrested for DWI in Texas, you are facing two separate legal cases:

  1. The criminal DWI charge
  2. The Administrative License Revocation (ALR) case involving your driver’s license


Many people focus only on the criminal case — but your ALR hearing may be the most important step in protecting your ability to drive.

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What Is an Administrative License Revocation (ALR) Hearing?

An ALR Hearing is a civil proceeding handled by the Texas Department of Public Safety (DPS). Its purpose is to determine whether your driver’s license will be suspended after a DWI arrest.

This hearing is completely separate from your criminal DWI case.

If you do nothing, your license will be automatically suspended.

What Is a DIC-25 Notice of Suspension and Temporary Driving Permit?

After a DWI arrest, law enforcement will:

  • Confiscate your driver’s license

  • Issue a DIC-25 Notice of Suspension and Temporary Driving Permit

At the top of the form, it states:

“Your License, Permit or Privilege to Operate a Motor Vehicle or Watercraft Will Be Suspended or Denied Effective 40 Days after the Date You Receive This Notice.”

This language makes suspension sound automatic — but it is not.

At the bottom of the notice, it explains:

You may request a hearing to contest the suspension. The request must be received by the Texas Department of Public Safety no later than 15 days after you receive notice. Failure to request a hearing waives your right to a hearing.

⚠ You Have Only 15 Days to Request an ALR Hearing

If you do not request an ALR hearing within 15 days:

  • Your license suspension begins automatically

  • Suspension takes effect 40 days after notice

  • You lose your right to challenge it

DIC25-Form

Why the ALR Hearing Is So Important

An ALR hearing can directly impact:

1.

It’s a Discovery Opportunity

Unlike many criminal proceedings, the ALR hearing allows your attorney to:

  • Subpoena the arresting officer
  • Question witnesses under oath
  • Obtain police reports and evidence
  • Access documents not otherwise available


This testimony is often given without preparation from a district attorney — and inconsistencies can significantly help your defense.

2.

Testimony Is Under Oath

If an officer:

  • Cannot remember key facts
  • Provides inaccurate testimony
  • Contradicts the police report


Your attorney can use that sworn testimony to challenge the criminal DWI case.

In many cases, mistakes made during an ALR hearing have led to DWI dismissals.

Can an ALR Hearing Decision Be Appealed?

Yes. If you lose the ALR hearing, you may file an appeal (for a fee). An appeal can delay the suspension from going into effect while the case is reviewed.

How to Win an ALR Hearing in Texas

Successfully defending an ALR hearing requires strategic legal representation from a Houston DWI lawyer experienced in ALR defense.

Step 1:

Request the ALR Hearing Immediately

You must request the hearing within 15 days of arrest.

If requested:

  • DPS will send a notice with the hearing date
  • It may take up to 4 months to schedule
  • Your temporary driving permit remains valid until a ruling is made


The hearing is conducted before a judge at the State Office of Administrative Hearings (SOAH).

Step 2:

Attend the Hearing In Person

You may attend in person or remotely.

However, attending in person is strongly recommended.

If your attorney subpoenas the arresting officer and the officer fails to appear, you may win by default.

Remote hearings may limit your ability to challenge live testimony and gather valuable evidence.

Step 3:

Present a Strong Legal Defense

Your defense strategy may include:

Show that your ability to drive is essential for:

  • Employment
  • Supporting your family
  • Childcare
  • Medical responsibilities

Demonstrate corrective action such as:

  • Alcohol education classes
  • Counseling or rehab
  • Personal responsibility and reform

Lack of Reasonable Suspicion

An officer must have reasonable suspicion to initiate a traffic stop. If not, the stop was unlawful.

Lack of Probable Cause

An officer must have specific articulable facts to justify arrest.

Possible challenges include:

  • Improperly administered field sobriety tests
  • Fatigue or exhaustion
  • Age-related factors
  • Medical conditions
  • Exposure to solvents
  • Alternative explanations for appearance


Failure to Read the DIC-24 Statutory Warning

If the officer failed to properly read the statutory warning before requesting a breath or blood test, you may win the ALR hearing.

Breathalyzer Maintenance Records

Your attorney can request:

  • Inspection records
  • Calibration logs
  • Maintenance records 30 days before and after the test


If DPS fails to produce records after payment, the breath test may be excluded from evidence.

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