A DWI arrest in Texas can create an immediate concern that has little to do with the eventual outcome of the criminal case: Can you still drive?
For many people, losing the ability to drive can affect work, school, childcare, medical appointments, and other everyday responsibilities. What makes the situation more confusing is that the driver’s-license process after a DWI arrest can operate separately from the criminal case.
Understanding that distinction is important because some license-related deadlines can arrive before your first criminal court appearance.
Here are some of the most important questions to ask after a Texas DWI arrest if you are concerned about your driving privileges.
Can My License Be Suspended Before My DWI Case Is Finished?
Yes.
Texas uses an Administrative License Revocation process, commonly referred to as ALR, that can affect a person’s driving privileges separately from the criminal DWI prosecution.
According to the Texas Department of Public Safety, the ALR program is a civil administrative process that may result in a license suspension or disqualification after certain DWI arrests involving a failed or refused breath or blood test.
This means you can potentially face a driver’s-license proceeding even though the criminal DWI charge has not yet been resolved.
That distinction is important.
Your criminal case involves whether the State can prove the DWI charge. The ALR proceeding concerns your driving privileges.
Because these are separate processes, waiting for your first criminal court date before addressing the driver’s-license issue can create problems.
How Long Do I Have to Request an ALR Hearing?
The deadline depends on how the suspension notice is issued.
According to the Texas Department of Public Safety, a person who is served with an ALR suspension notice generally has 15 days from the date the notice is served to request a hearing.
Blood-test cases can operate differently.
When a driver consents to a blood test and the result is not immediately available, DPS may later mail a Notice of Suspension after receiving the test result. DPS explains that a driver in this situation generally has 20 days from the date the suspension notice is mailed to request a hearing.
Because the deadline can depend on the type of case and the notice you received, do not assume your deadline is calculated simply from the arrest date.
Review the actual paperwork.
If you are unsure what notice you received or when your deadline expires, speak with an attorney promptly.
For a more detailed explanation of the administrative process, this guide to an ALR hearing in Texas discusses the hearing deadline, evidence, license consequences, and how the proceeding can relate to a DWI case.
What Happens If I Do Not Request the Hearing?
Failing to request an ALR hearing within the applicable deadline can allow the administrative suspension to take effect without a hearing contesting it.
For many people, this is why the first days after a DWI arrest matter.
You may be focused on:
- Getting your vehicle back
- Returning to work
- Understanding your bond conditions
- Finding your next court date
- Explaining the situation to your family
The driver’s-license paperwork may seem less urgent than the criminal charge.
However, the ALR deadline can arrive well before the criminal case is resolved.
One of the first questions after a DWI arrest should therefore be:
“Has an ALR suspension notice been issued, and when is my deadline to request a hearing?”
What Should I Bring When Discussing My License Situation With a Lawyer?
Bring every document you received during or after the arrest.
Documents that may be relevant include:
- Temporary driving permits
- Notice of Suspension paperwork
- DIC forms received from the officer
- Arrest paperwork
- Bond paperwork
- Court notices
- Breath-test paperwork
- Blood-test paperwork
- Any correspondence received from Texas DPS
If a notice arrived through the mail, keeping the envelope can also be useful because mailing dates may matter.
Do not assume that a lawyer already has access to every document you received.
Providing the paperwork can help determine what type of administrative action you may be facing and which deadlines need immediate attention.
What Happens at an ALR Hearing?
An ALR hearing is not the same as a criminal DWI trial.
According to Texas DPS, ALR hearings are handled through the State Office of Administrative Hearings. An administrative law judge evaluates whether DPS has established the requirements necessary for the proposed license suspension or disqualification.
Depending on the circumstances, issues may involve:
- The reason for the traffic stop
- The officer’s basis for the arrest
- Whether a breath or blood test was requested
- Whether the driver allegedly refused testing
- Whether testing produced a result above the applicable legal limit
- Documentation associated with the stop and arrest
The exact issues depend on whether the administrative action involves a refusal, a failed test, or another circumstance covered by Texas law.
Can an ALR Hearing Help With the Criminal DWI Case?
The ALR proceeding and criminal case are separate, but some of the same events and evidence may be relevant to both.
For example, both proceedings may involve questions about:
- Why the vehicle was stopped
- What the officer observed
- Statements allegedly made by the driver
- Roadside sobriety testing
- Breath or blood testing
- Video recordings
- The officer’s documentation
An attorney may therefore evaluate the ALR proceeding as part of the broader review of the arrest.
However, the outcome of an administrative hearing should not be treated as a prediction of what will happen in the criminal case.
Each process has its own rules, issues, and legal consequences.
What Evidence Should Be Reviewed?
A driver facing both an ALR proceeding and a DWI charge should ask what evidence is available and what still needs to be obtained.
Depending on the case, relevant material may include:
Dash-Camera and Body-Camera Video
Video may provide information about the traffic stop, conversations with the officer, roadside testing, and the circumstances surrounding the arrest.
Police Reports
The written report may describe the officer’s reasons for initiating the stop and observations made during the investigation.
Breath-Test Records
When a breath test is involved, the attorney may review the reported results and supporting documentation.
Blood-Test Records
Blood cases can involve laboratory documentation, collection records, warrants, and other materials depending on how the sample was obtained.
Witness Information
Passengers or other witnesses may have information relevant to events before or during the stop.
The significance of any particular piece of evidence depends on the facts of the case.
Can I Keep Driving While Waiting for the ALR Hearing?
Do not assume that an arrest automatically means you must stop driving immediately.
The effect on your driving privileges depends on the notice issued and the circumstances of the administrative process.
Texas DPS explains that when a timely hearing is requested, the administrative process continues while the hearing is pending.
Your paperwork should indicate whether you have temporary driving authority and how long it remains effective.
Because license status can vary, check your specific documents and confirm your status before driving.
Driving when your license is suspended can create additional legal problems.
What Happens If My License Is Suspended?
A suspension does not necessarily mean every driver has the same options.
Texas provides an occupational driver’s-license process for certain eligible drivers.
An occupational license can provide limited driving privileges for authorized purposes when a regular license is suspended or revoked.
The restrictions and eligibility requirements depend on the circumstances.
If driving is essential for your employment or household responsibilities, tell your attorney early.
Questions to ask include:
- Am I eligible for an occupational license?
- When could I apply?
- What restrictions would apply?
- Would an ignition interlock device be required?
- What documentation would I need?
- Would my employment affect the type of driving permitted?
Do not assume occupational driving privileges begin automatically after filing paperwork. Make sure you understand when you are legally authorized to drive.
What If I Have a Commercial Driver’s License?
Commercial drivers should raise this issue immediately.
Commercial driving privileges can involve different standards and consequences from those applying to ordinary non-commercial licenses.
Texas DPS states that commercial drivers can face disqualification issues related to alcohol concentration and test refusal.
If you hold a CDL, tell your attorney at the beginning of the consultation rather than waiting for the license issue to develop.
Your ability to work may depend on understanding the consequences quickly.
Does Winning the ALR Hearing Mean the DWI Charge Goes Away?
No.
An ALR hearing concerns the administrative driver’s-license action. The criminal DWI prosecution is a separate proceeding.
A favorable administrative result does not automatically dismiss the criminal charge.
Likewise, an unfavorable ALR decision does not automatically mean that a person will be convicted of DWI.
This is another reason to evaluate both matters separately while considering how the underlying evidence overlaps.
What Questions Should I Ask a DWI Lawyer About My License?
If driving privileges are one of your main concerns, consider bringing these questions to the consultation:
- Has DPS started an ALR action in my case?
- What deadline applies to my hearing request?
- Has the hearing already been requested?
- Can I currently drive legally?
- When could a suspension begin?
- What evidence will be reviewed at the ALR hearing?
- Does the ALR proceeding affect how you investigate my criminal case?
- What happens if DPS wins the hearing?
- Could I qualify for an occupational license?
- Are there additional concerns because I hold a commercial driver’s license?
- What paperwork should I keep with me?
- How can I verify my current license status?
A person arrested locally can also speak with a DWI defense lawyer in Montgomery County about both the criminal DWI allegation and the related driver’s-license issues.
Take the License Deadline Seriously
The driver’s-license side of a Texas DWI arrest can move faster than many people expect.
The most important practical step is to identify which notice you received and determine the applicable hearing deadline.
Do not assume the first criminal court date controls the administrative process.
Keep your paperwork, determine your current license status, identify the ALR deadline, and seek legal guidance if you are unsure how the process applies to your circumstances.
Taking care of those issues early can help you understand what to expect and avoid missing an important administrative deadline.
Sources
Texas Department of Public Safety, Administrative License Revocation (ALR) Program
Texas Department of Public Safety, Administrative License Revocation FAQs
Texas Transportation Code, Chapters 524 and 724
Disclaimer
This article provides general information about Texas DWI and Administrative License Revocation procedures. It is not legal advice and does not create an attorney-client relationship. Deadlines, license consequences, hearing requirements, and available options depend on the facts and circumstances of each case.
