Driver’s License Suspension After a Bexar County DWI: The ALR Hearing
The thing about a Bexar County DWI that catches most people off guard is that the criminal case and the driver’s license suspension are two different proceedings. They run on parallel tracks. They have different deadlines. They have different rules. And the deadline for the license proceeding is short, while the deadline for the criminal proceeding feels long, which is exactly the wrong intuition for the time-critical piece.
This post walks through the Administrative License Revocation hearing, called the ALR hearing, that follows a DWI arrest in San Antonio. What it is, how to request it, what it accomplishes, and why it matters to the criminal defense.
What the ALR hearing is
The ALR hearing is a civil proceeding before the Texas Department of Public Safety, not before a criminal court.[1] The judge is an administrative law judge employed by the State Office of Administrative Hearings.[2] The lawyer on the State’s side is a DPS lawyer, not the Bexar County DA’s office.
The question at the hearing is whether the defendant’s driver’s license should be suspended for refusing a breath or blood test, or for failing a breath or blood test. The question is not whether the defendant was actually intoxicated. It is not whether the defendant is guilty of DWI. The criminal case will answer that question separately.
The deadline
The defendant has fifteen days from the date of the notice of suspension to request an ALR hearing.[3] The notice is usually served at the time of the DWI arrest. Miss the fifteen-day window and the license suspension goes into effect automatically. Forty days after the arrest, in the typical scenario.[4]
That fifteen-day window is short and unforgiving. The defense lawyer’s first task in a DWI representation, often before the criminal case is even formally filed, is to make sure the ALR request is timely filed. The request is a one-page form sent to the relevant DPS address.
What the State has to prove
At the ALR hearing, the State has the burden by a preponderance of the evidence to establish a few things:
- That the arresting officer had reasonable suspicion to stop the vehicle.
- That the officer had probable cause to believe the driver was operating the vehicle while intoxicated.
- That the driver was placed under arrest and was properly warned about the consequences of refusing or failing the chemical test.
- That the driver either refused the test or took the test and produced a result above the legal limit.
If the State proves all of those, the suspension is upheld. If the State fails on any one of them, the suspension is set aside.
How long the suspension is
The suspension length depends on the driver’s history and the conduct at the stop. The typical lengths are:
- Refusal, first offense: 180 days.
- Refusal, with a prior alcohol-related contact in the last ten years: 2 years.
- Failure (test above 0.08), first offense: 90 days.
- Failure, with a prior alcohol-related contact in the last ten years: 1 year.
An “alcohol-related contact” is a prior ALR suspension or a prior DWI conviction. The DPS database tracks these.
Why the hearing matters even if the State has a strong case
The ALR hearing is often described as a long-shot proposition because the State wins most of them. The statistics support that characterization. But the hearing is useful even in cases where the suspension is likely to be upheld.
The arresting officer almost always has to testify. Live testimony, under oath, on the record. The defense lawyer can cross-examine. The officer’s account of the stop, the field sobriety tests, the arrest, and the warnings is locked in months before the criminal trial. Any inconsistency between that testimony and a later account at the criminal trial is impeachment material.
The hearing is also a discovery tool. Documents that the State has not yet produced under the criminal discovery statute often surface at the ALR. The officer’s narrative summary, the video, the calibration logs, and the breath-test maintenance records are all in play.
For a defense lawyer building a DWI case, the ALR hearing is a working tool. The hearing produces information and locks in the officer. Win or lose on the suspension, the criminal defense is better positioned afterward.
What happens to the license while the case is pending
If the ALR is timely requested, the defendant’s license stays valid until the hearing is held and decided. Hearings are usually scheduled a few months out. During that time the defendant can drive normally.
If the ALR is not requested, or if the hearing is lost, the suspension goes into effect. The defendant may be eligible for an occupational driver’s license that permits driving for work, school, and essential household activities[7], depending on the case and history. The occupational license is a separate proceeding in district court.
The interaction with the criminal case
The ALR result does not control the criminal case. A driver who wins the ALR can still be convicted on the DWI. A driver who loses the ALR can still be acquitted on the DWI. The two proceedings answer different questions.
But the work done at the ALR informs the criminal defense. The cross-examination at the hearing is a rehearsal for the cross-examination at the criminal trial. The documents produced at the hearing add to the criminal discovery file. The defense’s theory of the case is sharpened by the back-and-forth at the hearing.
What this office handled
Forrest Good filed ALR requests on behalf of DWI clients and appeared at the hearings as part of the overall DWI representation. The first conversation in a Bexar County DWI case included the ALR timeline because the fifteen-day deadline was the most time-sensitive part of the engagement.
The DWI overview page covers the criminal-side procedure. The Bexar County criminal defense page covers the broader practice.
This article is part of the firm’s free educational library. Forrest Good PLLC is not accepting new clients. Anyone seeking a criminal defense lawyer in San Antonio can find one through the San Antonio Criminal Defense Lawyers Association at www.sacdla.com or the State Bar of Texas at www.texasbar.com.
References
- Tex. Transp. Code ch. 524 (West 2024) (administrative suspension of driver’s license for failure of test); Tex. Transp. Code ch. 724 (West 2024) (refusal). [link]
- Tex. Gov’t Code ch. 2003 (West 2024) (State Office of Administrative Hearings). [link]
- Tex. Transp. Code § 524.031 (West 2024) (fifteen-day deadline to request a hearing on administrative driver’s license suspension). [link]
- Tex. Transp. Code § 524.012 (West 2024) (effective date of administrative suspension forty days after notice). [link]
- Tex. Transp. Code §§ 521.241–.252 (West 2024) (occupational driver’s license). [link]
