After a DWI arrest, Texas law enforcement typically takes your physical driver’s license and issues a temporary driving permit, called a DIC-25 Notice of Suspension. This form serves as both your notice that the Department of Public Safety (DPS) intends to suspend your license and as your permit to continue driving for a limited time.

You have 15 days from when you are presumed to have received notice of sispension to request an ALR hearing. This typically means 15 days from the date of arrest. If a hearing request is not submitted within 15 days, DPS will automatically suspend your driver’s license beginning 40 days after your arrest (or 40 days after the Notice of Suspension, in some cases). Once the deadline passes, DPS moves forward with the suspension even if you later hire an attorney.

To request your ALR hearing, your attorney will need basic information: the date of arrest, county of arrest, the arresting officer’s name and agency, whether you provided or refused a specimen as well as personal information such as address, driver’s license number, and date of birth. This information is usually found on the DIC-25 form. If you no longer have it, contact your attorney for help locating the necessary details.

In Texas, the length of your Administrative License Revocation (ALR) suspension depends on two main factors: if you refused or consented to provide a specimen (breath or blood) and if you have had prior alcohol or drug-related contact with DPS. Below are the suspensions for each scenario.

If You Refused to Provide a Breath or Blood Specimen

180 days – First offense

2 years – If you have a prior alcohol or drug-related suspension with DPS

If You Provided a Specimen and Tested Over .08

90 days – First offense

1 year – If you have a prior alcohol or drug-related suspension with DPS

If You Are Under 21 (Zero Tolerance Cases)

60 days – Any detectable amount of alcohol (first offense)

120 days – If you have a prior alcohol or drug-related suspension with DPS

During your interaction with law enforcement, the officer should have read you a DIC-24 Statutory Warning before requesting a breath or blood specimen. This form explains the legal consequences of either providing or refusing a specimen. If you received a copy, it will indicate whether you consented or refused. If you no longer have that form, your attorney can often determine this by reviewing the evidence in your case.

Under Texas’ implied consent law, an officer may request a breath test, a blood test, or both. If the officer requests only one type of specimen and you decline that specific test—even if you offer to take the other—it is still legally considered a refusal. It’s completely natural for your recollection of the incident to feel uncertain. The combination of stress, possible alcohol intake, and the pressure of interacting with law enforcement can make details difficult to remember. Your attorney can carefully review all available reports, recordings, and forms to reconstruct what occurred and determine how DPS is likely to classify your case — as a consent or a refusal.

The ALR hearing is your opportunity to challenge the suspension of your driver’s license. Your attorney can subpoena the arresting officer, review the police reports, and challenge whether the traffic stop, arrest, or testing procedures were lawful. If the officer is properly subpoenaed but fails to appear at the hearing, the documents submitted by the Texas Department of Public Safety (DPS) may become inadmissible. If the officer is subpoenaed and does appear, your attorney will have the opportunity to cross-examine the officer under oath. In most cases, your attorney can attend the ALR hearing on your behalf, so you typically will not need to appear personally.

At the ALR hearing, the Department of Public Safety (DPS) carries the burden of proof. The specific facts they must establish depend on whether your case involves a failure or a refusal. In either situation, DPS must first show that the officer had reasonable suspicion to initiate the traffic stop and probable cause to believe you were operating a motor vehicle in a public place while intoxicated. In a failure case, DPS must then prove that you voluntarily provided a specimen and that the results indicated an alcohol concentration of 0.08 or greater, as outlined in Texas Transportation Code § 524.035. In a refusal case, they must establish that you were properly requested a specimen and that you refused to provide a specimen, under Texas Transportation Code § 724.042. It’s important to understand that the burden of proof in an ALR hearing is much lower than in your criminal DWI case. While a criminal charge must be proven beyond a reasonable doubt, DPS only needs to prove its case by a preponderance of the evidence—meaning it is more likely than not that the alleged facts occurred.

If you are a Texas resident and do not currently hold a Texas driver’s license, the Department of Public Safety (DPS) can still suspend your privilege to obtain one. This means that if your ALR suspension takes effect, you will be unable to apply for or receive a valid Texas license until the suspension period has ended and all reinstatement requirements are satisfied.

If you hold a driver’s license from another state, DPS can suspend your privilege to drive within Texas. Although this action does not automatically suspend your home-state license, it prevents you from legally driving in Texas during the suspension period. Most states participate in the Driver License Compact (DLC)—an interstate agreement that allows member states to share information about driving-related suspensions and convictions. If your home state is a member, Texas will typically report the suspension, and your home state may choose to impose its own suspension or restriction based on that report. Because each state’s process differs, it’s best to consult both your Texas attorney and, if needed, a lawyer licensed in your home state to fully understand how the suspension could affect your overall driving privileges.

Losing your driver’s license — even temporarily — can create serious financial, legal, and personal challenges:

• Difficulty getting to work or job interviews.

• Struggling with childcare and medical appointments.

• Trouble complying with bond conditions like random drug testing or curfew.

• Driving without a valid license is a new criminal offense and may violate bond.

• Relying on rideshares or friends can become stressful and unsustainable.

• It’s expensive- DPS charges a $125 reinstatement fee before your license can be restored.

If your license gets suspended, it doesn’t automatically mean you’re stuck without any driving options. In many cases, you may still be able to drive legally by obtaining a court-ordered Occupational Driver’s License (often called an “occupational license” or “ODL”), which is a judge’s order giving you permission to drive while your regular license is suspended. To qualify, you generally must show an “essential need” to drive—most commonly for employment, education, and/or necessary daily household duties like getting groceries, attending medical appointments, or caring for family members. If you are in need of an ODL, please contact our office today for immediate assitance.