By Reilly Garrett, Criminal Defense Attorney, Shane Phelps Law · Bryan, Texas | Last reviewed: October 2026
Someone arrested for DWI in Brazos County usually walks out of jail with a bond receipt, a court date, and a stack of paperwork. Most people focus on the court date. But one of those papers may start a second case, about their driver’s license, with a much shorter deadline.
In Texas, a DWI arrest can lead to two separate proceedings. The criminal case decides guilt and punishment. The Administrative License Revocation (ALR) case, brought by the Texas Department of Public Safety, decides whether the license is suspended. They come from the same traffic stop, but they have different rules, different judges, and different clocks.
| When | Administrative license case (ALR) | Criminal DWI case |
| Day of arrest | Officer serves a suspension notice after a refusal or a failed breath test | Arrest, booking, and bond |
| Within 15 days | Deadline to request an ALR hearing | Usually nothing yet; the case may not even be filed |
| Day 40 | Suspension starts if no hearing was requested | Often still waiting for a first setting |
| Months later | Hearing before an administrative law judge, if requested | Discovery, motions, plea talks, or trial |
What Triggers the ALR Case
DPS describes the ALR program as a civil process that is unrelated to the criminal DWI or BWI case. It generally starts in one of two ways:
- Refusal. The driver refused an officer’s request for a breath or blood specimen after a DWI arrest.
- Test failure. The driver gave a specimen showing an alcohol concentration of 0.08 or more (for adults). For drivers under 21, any detectable amount of alcohol can trigger a suspension.
Texas runs these through two chapters of the Transportation Code. Refusals fall under Chapter 724, the implied consent law. Test failures fall under Chapter 524.
How Long the Suspension Lasts
| Situation (adult driver) | First offense | Prior alcohol or drug enforcement contact within 10 years |
| Refused breath or blood test | 180 days | 2 years |
| Failed test (0.08 or higher) | 90 days | 1 year |
Drivers under 21 face separate periods: for a test failure, 60 days with no prior conviction for a listed offense, 120 days with one, and 180 days with two or more. Commercial drivers face CDL disqualification rules that are separate and usually stricter. A refusal or test failure can lead to CDL disqualification, often for a year, even when the arrest involved a personal vehicle.
None of these suspensions requires a criminal conviction. That is the point of the ALR system.
The 15-Day Deadline
A driver served with a suspension notice at the time of arrest generally has 15 days from service to request an ALR hearing. If no hearing is requested, the suspension starts on the 40th day after the notice was served.
Blood-test cases work differently because results take weeks. DPS mails the notice once a result of 0.08 or more comes back, and the driver has 20 days from the mailing date to request a hearing.
The notice given after a refusal, often on form DIC-25, is easy to lose among bond papers and property receipts. It is worth finding and photographing on day one. FindAttorneys.org’s guide to preparing for a first meeting with a Texas defense attorney recommends bringing all arrest and court paperwork to the consultation. For a DWI, that should include the license notice and the date it was served.
What the ALR Hearing Decides
ALR hearings are held before an administrative law judge at the State Office of Administrative Hearings. For a refusal, § 724.042 limits the issues to these questions:
- Was there reasonable suspicion or probable cause to stop or arrest the driver?
- Was there probable cause to believe the person was operating a vehicle in a public place while intoxicated?
- Was the person placed under arrest and asked to give a specimen?
- Did the person refuse?
For a test failure, the judge decides whether the person had an alcohol concentration of 0.08 or more while operating a vehicle in a public place, and whether there was reasonable suspicion or probable cause for the stop.
If DPS cannot prove its case, the suspension is rescinded. Winning does not dismiss the DWI. Losing does not mean a conviction. But the hearing has a practical value beyond the license: the defense can often subpoena the arresting officer and question them under oath months before any criminal trial. That testimony can matter later if the stop or arrest is challenged in court.
A Blood Warrant Does Not Erase a Refusal
Many drivers refuse a breath test, then have blood drawn anyway under a search warrant. It is natural to assume that cancels the refusal. It does not.
Chapter 724 allows officers to seek a warrant after a refusal. The refusal happened first, and it still supports the 180-day administrative suspension. The blood result, taken under court order, then becomes evidence in the criminal case. One stop can produce both a refusal suspension and a blood test result.
How the Two Cases Affect Each Other
As a rule, they do not. Both chapters say the license determination is a civil matter that does not control the criminal case, and the criminal outcome generally does not change the suspension.
There is one important exception. If the driver is acquitted of the DWI charge arising from the same arrest, Texas law bars the suspension. If it was already imposed, DPS must rescind it and remove it from the driving record. That rule appears in both § 524.015 for test failures and § 724.048 for refusals.
The statutes speak only of acquittal. A dismissal or a plea bargain to a lesser offense is not the same thing, and should not be assumed to undo an administrative suspension.
A Brazos County Example: When the Stop Itself Is the Problem
Shane Phelps Law’s published case results include a 2024 Brazos County DWI case involving a reported alcohol concentration above 0.15. The court granted a defense motion to suppress, and the DWI charge was then dismissed. The listing does not describe the license proceeding or the specific grounds for suppression.
The case shows why the two tracks overlap even though they are legally separate. Many suppression motions attack the same points an ALR judge decides: whether the officer had reasonable suspicion for the stop and probable cause for the arrest. Building that record early, through the ALR hearing and the officer’s testimony, can shape what happens months later in criminal court.
Past results do not guarantee a similar outcome in any other case. Each case depends on its own facts and evidence.
Keeping a License While the Case Is Pending
A driver who needs to drive for work, school, or family may be able to apply for an occupational driver’s license during an ALR suspension, often with conditions such as an ignition interlock device or limited driving hours. Occupational licenses are not available for commercial vehicles. A reinstatement fee, currently $125, is due before the license is restored.
On the criminal side, Texas has allowed deferred adjudication for many first-time DWI cases since 2019, with exceptions for higher alcohol concentrations and commercial drivers. Whether that option or a reduction is realistic is one of the questions that comes up early with any defense lawyer, including a firm such as Shane Phelps criminal defense Bryan TX. The license case, meanwhile, is already on its own timeline.
Frequently Asked Questions
How long do I have to request an ALR hearing in Texas?
Generally 15 days from when the suspension notice was served. For blood-test cases where notice is mailed, it is 20 days from the mailing date.
Does a dismissed DWI cancel my license suspension?
Not automatically. The Transportation Code requires rescission after an acquittal. A dismissal is not an acquittal.
Can I drive during the ALR process?
Usually the suspension does not start until the 40th day after notice, and requesting a hearing typically delays it until the hearing is decided. If the suspension takes effect, an occupational license may be available.
Is the ALR hearing worth requesting if I plan to plead guilty?
Often yes. Besides the chance to avoid the suspension, it can be the first opportunity to question the arresting officer under oath.
Authorities & Sources
- Texas DPS: Administrative License Revocation (ALR) Program
- Tex. Transp. Code Chapter 724: Implied consent and refusal suspensions (§§ 724.035, 724.042, 724.048)
- Tex. Transp. Code Chapter 524: Test-failure suspensions (§§ 524.022, 524.015)
Disclaimer
This article provides general information about Texas DWI and Administrative License Revocation procedures. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines and rules change, and every case depends on its own facts. Anyone arrested for DWI in Texas should speak promptly with a licensed Texas criminal defense attorney.
