At an ALR hearing in Austin, the Texas Department of Public Safety seeks to suspend your driver’s license by presenting evidence that you failed or refused a breath or blood test after a DWI arrest. Officers from APD, TCSO, DPS, or other Travis County agencies can be called to testify under oath. Ultimately, an unelected administrative law judge decides whether there’s sufficient proof of refusal or failure and orders a driver’s license suspension of 3 months to 2 years.
This article explains what happens at an Austin ALR hearing, including DWI driver’s license suspension periods, deadlines, and how the DPS and SOAH license case stays separate from your criminal DWI case in Travis County, but can still affect your strategy and timeline.
Reviewed by Trey Porter Austin DWI Defense Attorney 15+ years of Travis County experience Last updated: January 2026
In this article:
WHAT HAPPENS AT AN ALR HEARING AFTER A DWI ARREST IN AUSTIN?
QUICK SUMMARY: ALR AFTER AUSTIN DWI ARREST
15-day deadline: Miss it and suspension hits on day 40.
DPS action: ALR is separate from your criminal DWI case.
Lower proof burden: Low burden for DPS. Expect a suspension.
Officer no-show: Long-shot chance at dismissal. Always worth it.
Always request: Buys time and can get the officer under oath.
WHAT IS AN ALR HEARING AFTER A DWI ARREST IN AUSTIN?
An ALR hearing is an administrative hearing where Texas DPS seeks to suspend your driver’s license based on either refusal of a breath or blood test or a test result of 0.08 or higher. It is governed mainly by Texas Transportation Code Chapter 524 (ALR) and Chapter 724 (implied consent and refusal).
ALR is automatic You only get a hearing if you request it within 15 days of the arrest — otherwise the suspension hits on day 40.
Your DWI case runs on two tracks The criminal case in Travis County courts and the ALR driver’s license case through DPS and SOAH.
Everyone has a right to request an ALR hearing. It doesn’t matter if you were arrested downtown, near Zilker, or out in Westlake. The same 15-day deadline applies across Travis County.
WHEN DO YOU HAVE TO REQUEST AN ALR HEARING AFTER A DWI ARREST IN AUSTIN?
You have to request it within 15 days from the date of your arrest. Play it safe and count day for day. DPS loves to reject requests for any reason. Be proactive with the request. If you have a court-appointed attorney or public defender don’t assume they’ll make the request for you. Most experienced Austin DWI attorneys will make the request on your behalf as part of their representation — but it’s important to always confirm. If you miss it, you get hit with the suspension and you don’t even get to question the officer under oath.
HOW DO YOU REQUEST AN ALR HEARING AFTER A DWI ARREST IN AUSTIN?
You request an ALR hearing by submitting a request online or via fax to Texas DPS within 15 days of arrest. If you miss the deadline, the suspension hits on day 40.
The safest move is having an experienced Austin DWI lawyer submit the request immediately and confirm receipt — because the entire point is stopping the automatic suspension before day 40.
WHAT HAPPENS IF YOU MISS THE 15 DAY ALR DEADLINE AFTER AN AUSTIN DWI?
If you miss the 15-day deadline, the ALR suspension is automatic and starts on day 40. It doesn’t affect your criminal DWI case — but it does affect your ability to drive. The next move is getting an occupational driver’s license (ODL) through the judge on your DWI case or a Travis County JP.
TRAVIS COUNTY JUSTICE OF THE PEACE COURTS
JP Precinct
Judge
Phone
Precinct 1
Yvonne Williams
(512) 854-7700
Precinct 2
Randall Slagle
(512) 854-6367
Precinct 3
Sylvia Holmes
(512) 854-6763
Precinct 4
Raúl González
(512) 854-9478
Precinct 5
Rick Olivo
(512) 854-9049
Getting an occupational license is important while you have a pending DWI. If you don’t live in Travis County, you can apply for an ODL from a JP court in your home county.
WHAT HAPPENS AT AN ALR HEARING IN AUSTIN?
An Austin ALR hearing is a short, checklist-style hearing in front of a SOAH administrative law judge. The judge does not have discretion to consider your personal details or life circumstances. ALR comes down to one narrow issue: refusal or failure (BAC 0.08+), and whether DPS can prove the required elements.
The primary witness is usually the arresting officer (APD, DPS, or another Travis County agency). Evidence is typically the officer’s paperwork and any test records. Video is rarely used as evidence in Austin ALR hearings.
WHAT DOES DPS HAVE TO PROVE AT AN ALR HEARING IN AUSTIN?
DPS has to prove a short list of required facts. The exact checklist depends on refusal vs failure (0.08+), but the core issues are usually:
Lawful stop or lawful detention
Probable cause to believe intoxication
A DWI arrest occurred
You either refused testing or failed (0.08+)
DPS MUST PROVE
REFUSAL
FAILURE (BAC 0.08+)
LAWFUL CONTACT
✓
✓
PROBABLE CAUSE
✓
✓
DWI ARREST
✓
✓
REFUSED TEST
✓
–
BAC 0.08+ RESULT
–
✓
Here’s the honest truth: the burden of proof is lower than in criminal court. ALR is decided on a preponderance of the evidence, not beyond a reasonable doubt. That’s why suspensions are common even when the criminal DWI case is still very defensible.
HOW LONG DOES THE ALR PROCESS TAKE AFTER AN AUSTIN DWI ARREST?
The ALR hearing is typically set 60 days out or more. These hearings can also be reset for normal reasons — scheduling, witness availability, or paperwork issues. Even after the hearing, it can take time for the administrative law judge to issue the order and for DPS to process it.
The delay can be frustrating, but it’s not wasted time. Every day that passes is another day you’re driving legally, and another day something can go wrong for DPS’s case.
WHAT ARE THE POSSIBLE OUTCOMES OF AN ALR HEARING AFTER AN AUSTIN DWI?
The most likely outcome of an ALR hearing is a driver’s license suspension. The burden of proof is low (preponderance of the evidence), and aside from the basic legal elements of the incident, all DPS has to prove is that you refused or failed a breath or blood test.
Common suspension ranges under Texas law include:
Failure (BAC 0.08+): typically 90 days on a first case (Transportation Code § 524.022)
Refusal: typically 180 days on a first case (Transportation Code § 724.035)
The long-shot upside is real: if the officer is properly subpoenaed and doesn’t appear, the ALR action can be dismissed. It’s not guaranteed, but it’s one reason the ALR hearing is always worth requesting.
DOES AN ALR HEARING AFFECT YOUR AUSTIN DWI CASE?
No. The result of the hearing has no legal impact. But sometimes officer testimony can be used strategically down the road in court. Example: APD officer testifies at the ALR hearing you were stopped because you were drifting between lanes on Burnet. But the report and video reflect something totally different. This creates a huge credibility issue that may be leveraged to impeach the officer, undercut believability, and sometimes force a dismissal. You don’t get that ammunition if you skip the ALR hearing. And if nothing useful comes out of the ALR hearing — no harm, no foul. You delayed the suspension and turned over some stones. It’s all part of the exhaustive, relentless approach it takes to beat a DWI in Austin. For the full defense roadmap and strategies, see: Austin DWI Lawyer.
CAN YOU DRIVE IF YOUR LICENSE IS SUSPENDED AFTER A DWI IN AUSTIN?
No. Once the ALR suspension starts, you can’t legally drive unless you have an occupational driver’s license (ODL). Texas drivers can petition for an ODL to drive for essential, noncommercial purposes.
If you need to keep driving, don’t risk getting pulled over on a suspended driver’s license. Driving While License Invalid is a criminal misdemeanor in Texas, and getting cited or arrested while your DWI case is pending can revoke your bond on the pending DWI. Avoid the double trouble. Get an ODL.
KEY TAKEAWAYS: 6 ALR TRUTHS FROM AUSTIN ALRs
Two tracks: DPS case runs separate from Travis County criminal case.
15 days matters: Miss it and the suspension hits on day 40.
Low burden: Expect suspension. Preponderance standard is low.
No-show: ALR can be dismissed if officer ignores the subpoena.
Testimony leverage: Chance to get something that helps later.
ODL eligibility: You can stay street legal with an ODL after ALR.
Trey Porter is the founder of Trey Porter Law and a leading Texas DWI and criminal defense attorney. Backed by more than 40 years of combined courtroom experience, the firm has successfully represented thousands of Texans facing charges ranging from misdemeanors to serious felonies. Trey’s reputation is built on results, with more than 700 five-star reviews and a 10.0 Avvo rating reflecting proven success in courts across Texas. His authority in Texas DWI law anchors his membership in the prestigious National College for DUI Defense and the Texas Criminal Defense Lawyers Association. Trey Porter Law is dedicated to defending Texans statewide, protecting rights and preserving records through unrelenting criminal defense that gets results.
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