If you have been charged with DWI in Texas it is critical to request an Administrative License Revocation (ALR) hearing within 15 days of the incident.
Every person charged with DWI in Texas faces an automatic ALR suspension of their Texas driver’s license. The suspension takes effect approximately 40 days from the date of arrest. The ALR hearing is the only chance to contest the suspension.
- Is your license suspended right after a DWI in Texas?
Not immediately. You may still drive legally after an arrest. However, failure to request a hearing within 15 days will result in an automatic suspension. The suspension will go into effect approximately 40 days from the arrest date.
- How do I get my license back after a DWI arrest in Texas?
If your actual license card is confiscated, you may request a new license through the Texas Department of Public Safety (TxDPS) website. If your license is suspended, you may be eligible for an Occupational Driver License. Learn more.
How Long is DWI Driver License Suspension in Texas?
For DWI first offense in Texas, drivers face a suspension period of 3 months to 1 year. Drivers with prior DWI convictions face a suspension period of 6 months to 2 years. Factors that can increase the period of suspension include:
- Blood Alcohol Concentration (BAC)
- Child passenger under 15 years old
- Open container
- An accident, injury or fatality
How Long is License Suspension for Underage Drivers in Texas?
Texas has a Zero Tolerance policy for drivers under the age of 21. Consequently, Texas drivers underage with any detectable alcohol in their system may be charged with Driving Under the Influence (DUI). Learn more.
Underage drivers face a suspension period of 60 days to 6 months for a first-time DUI charge. Underage drivers with a BAC that exceeds .08 face a suspension period of 1 year and underage drivers with prior DUI convictions face a suspension period of 18 months to 2 years.
What is an ALR Hearing?
An ALR hearing is an administrative hearing with a judge, court reporter, and State attorney. The ALR hearing is the first line of defense against a DWI in Texas. It is a defendant’s first opportunity to expose weaknesses in the State’s case.
- What happens at an ALR hearing?
The State presents evidence to prove the driver’s identity, the existence of probable cause, and whether there was a refusal or failure.
- What is implied consent in Texas?
By choosing to drive in Texas, a driver essentially consents to test for alcohol or drugs if probable cause exists to support the request from law enforcement. Learn more.
- How do you win an ALR hearing?
Winning an ALR hearing in Texas is difficult. The State has the advantage of having a low burden of proof, and not very many things to prove. No matter the outcome, the process of having an ALR can be valuable to the overall DWI defense strategy.