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Two parallel proceedings
A DWI arrest in Texas triggers two completely separate proceedings:
- The criminal case — filed in county court (or district court for felony DWIs), governed by the Texas Penal Code and Code of Criminal Procedure
- The ALR (Administrative License Revocation) case — a civil/administrative license-suspension proceeding under Tex. Transp. Code Chapter 524, run by the Texas Department of Public Safety
The two have different burdens of proof (criminal: beyond reasonable doubt; ALR: preponderance of the evidence), different hearing rules, and different consequences. An ALR suspension can occur even if the criminal case is later dismissed or you're acquitted.
At arrest: the Notice of Suspension
When the officer arrests you for DWI and you either refuse a breath/blood test OR fail one (BAC 0.08+), DPS automatically initiates a license suspension. The officer typically gives you a Notice of Suspension at arrest. Critical features of that notice:
- Your physical Texas driver's license is taken at the scene
- The Notice of Suspension serves as your temporary driving permit for 41 days from the date of notice
- The Notice triggers the 15-day request-a-hearing window
If you didn't receive a Notice of Suspension (or aren't sure), the 15-day window still runs — calculate from the arrest date.
The 15-day deadline
You have 15 days from the date of arrest (NOT from the date you received the notice) to request a hearing with the State Office of Administrative Hearings (SOAH). This is a hard statutory deadline; failure to request a hearing within 15 days means:
- You waive your right to contest the suspension
- The suspension goes into effect automatically on the 41st day after arrest
- No further administrative review is available
The request can be submitted by you or your attorney. Many attorneys offer a flat fee that covers both the ALR hearing and an evaluation of the criminal case. Hiring an attorney within the first few days after arrest is the strongest path through both proceedings.
The four issues at the SOAH hearing
If you request a hearing, an administrative law judge (ALJ) at SOAH decides whether DPS has proven, by a preponderance of the evidence, each of four issues:
- Reasonable suspicion for the stop. Did the officer have a lawful basis to initiate the traffic stop (observed traffic violation, equipment defect, accident response)?
- Probable cause for the arrest. Did the officer have probable cause to believe you were operating a motor vehicle while intoxicated?
- Proper request for specimen. Did the officer properly request a breath or blood specimen and properly advise you of the consequences of refusal?
- Refusal or BAC ≥ 0.08. Did you refuse the test, OR did the test result show 0.08 or higher?
If DPS proves all four, the suspension is upheld. If DPS fails on any one issue, the suspension is set aside and your driving privileges are restored.
Suspension lengths
| Scenario | Suspension |
|---|---|
| Failed test, first offense | 90 days |
| Failed test, with prior contact in last 10 years | 1 year |
| Refused test, first offense | 180 days |
| Refused test, with prior contact in last 10 years | 2 years |
"Prior contact" includes prior DWI convictions AND prior ALR suspensions — your driving record carries forward both. This is a frequent surprise for clients whose first criminal DWI conviction was years ago but who had a prior ALR suspension on a case that was later dismissed.
Occupational license
During ALR suspension, you can petition for an occupational driver's license under Tex. Transp. Code Chapter 521 Subchapter L. The occupational license permits driving for:
- Employment-related purposes (commute, work-required driving)
- School and education
- Essential household duties (groceries, medical appointments, child transport)
The occupational license restricts you to specific hours, geographic zones, and purposes — typically not more than 12 hours per day. Application requires petition to a court, proof of SR-22 insurance, payment of fees, and acceptance of any conditions the court imposes. Many courts also require an ignition interlock device.
Coordination with the criminal case
The ALR hearing typically happens 4-12 weeks after arrest — long before the criminal case resolves. This timing creates strategic considerations:
- Discovery preview. The ALR hearing requires DPS to put on the arresting officer as a witness. The officer's testimony at ALR can be locked in for later impeachment if the testimony at the criminal trial changes.
- Suppression preview. Issues that would arise in a criminal motion to suppress (lawfulness of stop, probable cause for arrest) get litigated first at ALR with a lower stakes/lower burden of proof.
- Settlement leverage. A favorable ALR outcome (suspension set aside) sometimes signals weaknesses in the criminal case that can be used in plea negotiations.
Bottom line
The 15-day ALR deadline is the most time-critical thing after a Texas DWI arrest. Missing it forfeits any chance to contest the license suspension. Even when the suspension will likely be upheld, the ALR hearing provides discovery and strategic leverage for the criminal case. Engage a Texas-licensed criminal defense attorney within days of arrest, not weeks.
Related guides
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