Houston DWI ALR Hearing Guide: How to Protect Your Driver’s License After an Arrest
- becoolwithbob
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What Is an ALR Hearing in Houston DWI Cases?
One of the biggest mistakes I see people make after a DWI arrest in Houston is focusing only on the criminal charge — and completely overlooking their driver’s license.
In Texas, a DWI arrest immediately triggers a separate civil process called the Administrative License Revocation (ALR). This process determines whether your driver’s license will be suspended — regardless of whether you are ever convicted of DWI.
As a Houston DWI defense attorney, I can say this plainly: the ALR hearing is one of the most important and time-sensitive parts of a DWI case. For a broader overview of the entire process, I encourage readers to review our complete Houston DWI defense guide, which explains what happens after an arrest from start to finish.
Why the ALR Hearing Is Separate From the Criminal DWI Case
After a DWI arrest, there are two cases running at the same time:
The criminal DWI case
The ALR license suspension case handled by the Texas Department of Public Safety
Winning or losing one does not automatically decide the other. You can lose your license even if the criminal case is dismissed, or keep your license while the criminal case is still pending.
This distinction is explained in more detail in our guide to DWI charges and penalties in Houston, which outlines how administrative and criminal cases interact.
What Triggers an ALR License Suspension in Texas?
An ALR case is triggered if:
You refuse a breath or blood test, or
You fail a breath or blood test with a BAC of 0.08 or higher
Refusing a chemical test is often misunderstood. While refusal is allowed, it carries serious consequences that many drivers do not anticipate. We explain those consequences in depth in our article on refusing a breath test in Texas.
Once refusal or failure occurs, the officer issues paperwork notifying you of a potential license suspension, and the deadline clock begins.
The 15-Day Deadline That Can Cost You Your License
You have 15 days from the date of arrest to request an ALR hearing. If this deadline is missed, the suspension automatically goes into effect.
There are no extensions and no second chances. Missing this deadline also eliminates one of the earliest opportunities to challenge the officer’s actions and preserve testimony.
Understanding this deadline is a key part of what happens after a DWI arrest in Houston, and it is one of the reasons early legal guidance matters.
How Long Can Your License Be Suspended?
The length of suspension depends on whether you refused or failed testing.
Breath or Blood Test Refusal
First refusal: up to 180 days
Second or subsequent refusal: up to 2 years
Breath or Blood Test Failure
First failure: up to 90 days
Second or subsequent failure: up to 1 year
Cases involving elevated alcohol levels can also result in enhanced penalties. When test results show a BAC of 0.15 or higher, prosecutors may pursue high BAC DWI penalties in Texas, even for a first offense.
What Happens at a Houston ALR Hearing?
An ALR hearing is conducted by an administrative law judge, not a criminal court judge. The issues typically examined include:
Whether the officer had reasonable suspicion to stop the vehicle
Whether probable cause existed for the arrest
Whether you were properly asked to provide a chemical sample
Whether testing procedures were followed correctly
Because chemical testing is often central to these hearings, it’s important to understand the differences between blood and breath tests, which can play a major role in both the ALR case and the criminal DWI case.
Why the ALR Hearing Is a Strategic Advantage
Many drivers assume the ALR hearing is just about license suspension. In reality, it can be one of the most valuable tools in a DWI defense.
The ALR hearing allows the defense to:
Question the arresting officer under oath
Lock in testimony early
Identify weaknesses in the traffic stop or arrest
Preserve evidence before it disappears
Information uncovered during the ALR hearing often becomes central to defending the criminal case later.
Can You Get a Restricted License?
If a suspension does occur, some drivers may qualify for an Occupational Driver’s License, which allows limited driving for work, school, or essential needs.
Eligibility depends on prior history and the type of suspension involved. This option is not automatic and must be properly requested through the court.
What This Means for Houston DWI Defendants
The ALR hearing is not a technicality — it is a critical opportunity. Ignoring it can cost you your ability to drive and reduce your leverage in the criminal case.
Handled correctly, the ALR process can strengthen your overall defense and protect your long-term interests.
Learn More About Your Houston DWI Defense Options
If you’ve been arrested for DWI in Houston or Harris County, understanding your license rights early can make a meaningful difference in how your case unfolds.
Speaking with an experienced Houston DWI defense attorney early allows you to protect your driving privileges, preserve evidence, and plan an informed defense strategy.
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