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How to Request an ALR Hearing in Texas After a DUI Arrest

What is an ALR hearing and why does the 15-day deadline matter?

An Administrative License Revocation (ALR) hearing is your one opportunity to contest the automatic suspension Texas DPS imposes after a DUI arrest, independent of any criminal court proceedings. You must request this hearing within 15 days of your arrest date — not the date you receive paperwork, not your arraignment date, but the actual arrest date stamped on your DIC-25 temporary driving permit.

Miss that 15-day window and your license suspends automatically on the 40th day after arrest. The suspension length depends on your prior record: 90 days for a first offense if you refused the breath test, 60 days if you failed it, and 180 days to 2 years for repeat offenses within 10 years. This suspension operates completely separately from your criminal DUI case — you can beat the criminal charge in court and still lose your license administratively if you never requested the ALR hearing.

Requesting the hearing within 15 days does two things immediately: it preserves your current driving privileges until the hearing occurs (typically 30-60 days out), and it forces DPS to prove their case using the same evidence standards as criminal court. Without the request, suspension is automatic and no review happens at all.

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How do you request an ALR hearing in Texas?

Request your ALR hearing by mailing or faxing a written request to the Texas DPS address listed on your DIC-25 temporary permit. The request must include your full name exactly as it appears on your driver license, your Texas driver license number, the date of your arrest, the arresting agency name, and a mailing address where DPS can send the hearing notice. No specific form is required — a signed letter containing these elements is legally sufficient.

Most DUI defense attorneys file the request electronically through the DPS ALR portal within 24-48 hours of arrest, which creates a time-stamped confirmation record and eliminates mail delivery uncertainty. If you're filing without an attorney, send the request via certified mail with return receipt or fax it to the regional DPS office serving the county where you were arrested, then call to confirm receipt within 2 business days.

The hearing itself happens by phone or in person at a State Office of Administrative Hearings location. You can represent yourself, but most drivers hire an attorney for the ALR hearing even if they plan to handle the criminal case differently — the hearing creates a record of officer testimony and test procedure that becomes critical evidence if your case goes to trial later.

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What happens at the ALR hearing and can you win?

The ALR hearing focuses on four narrow questions: whether the officer had reasonable suspicion to stop you, whether the officer had probable cause to arrest you for DUI, whether you were informed of the consequences of refusing or failing a breath test, and whether you actually refused or registered a BAC of 0.08 or higher. DPS must prove all four elements using officer testimony, dash camera footage, and test calibration records.

Your attorney cross-examines the arresting officer on stop justification, field sobriety test administration, and breath test protocol adherence. Common winning arguments include improper stop based on a traffic violation that didn't actually occur, failure to observe the mandatory 15-minute pre-test waiting period, or breath test machine calibration lapses documented in maintenance logs. If DPS fails to prove even one of the four elements, the suspension is dismissed entirely.

Win rates vary by county and legal representation quality, but statewide data shows drivers with attorney representation avoid suspension in roughly 30-40% of contested ALR hearings when the officer actually appears. Another 15-20% of hearings result in administrative dismissal because the officer fails to attend — DPS automatically loses if their witness doesn't show and you requested the hearing properly.

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How does the ALR suspension affect your insurance rates?

The ALR suspension itself appears on your Texas driving record as an administrative action, separate from any criminal DUI conviction. Carriers typically apply violation surcharges at your next policy renewal after the suspension posts to your MVR, regardless of whether you were criminally convicted. Expect a 70-110% rate increase for a first-offense administrative suspension, applied as a flat surcharge that persists for 36 months from the violation date.

If you win your ALR hearing and the suspension is dismissed, no administrative action appears on your driving record and your insurance rate remains unchanged unless you're later convicted in criminal court. This creates a strategic timing opportunity: some drivers win the ALR hearing but later accept a plea deal in criminal court, which triggers the insurance surcharge 6-12 months later than it would have if they'd lost the administrative case at the 40-day mark.

Carriers in Texas apply DUI surcharges using a tiered underwriting model that treats administrative suspension and criminal conviction identically for pricing purposes. That means beating the ALR case saves your license and preserves driving privileges, but only beating both the administrative and criminal cases keeps your insurance rate from increasing. Standard-market carriers like State Farm and Allstate typically non-renew drivers after a DUI conviction, forcing movement to mid-tier or non-standard carriers where full coverage premiums run $240-$380/mo for minimum liability limits.

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What should you do in the 15 days between arrest and the request deadline?

Call a DUI defense attorney within 48 hours of arrest, even if you're not sure you want to hire one for the criminal case. Most Texas DUI attorneys offer free consultations and will file the ALR hearing request as a courtesy during that initial call, preserving your hearing rights while you decide whether to retain them. If you're handling the request yourself, draft and send the written request by day 3 — waiting until day 12 or 13 creates unnecessary risk of mail delays or fax transmission failures.

Pull your own driving record from the Texas DPS website to confirm your prior DUI history before the hearing. Your suspension length depends entirely on whether you have prior alcohol-related enforcement contacts within the past 10 years, and DPS sometimes includes out-of-state suspensions or administrative actions you may have forgotten. Knowing your actual prior record lets you prepare for the correct suspension length argument if you lose the hearing.

Do not wait for your criminal court arraignment to handle the ALR request. The criminal case and administrative case operate on completely separate calendars with separate deadlines. Your public defender or court-appointed attorney in the criminal case has no automatic role in the ALR hearing and won't file the request for you unless you specifically retain them for the administrative process.

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Can you get an occupational license if you lose the ALR hearing?

Texas allows occupational (essential need) licenses during ALR suspensions, but you must petition the court in the county where you were arrested and prove specific driving needs for work, education, or essential household duties. The petition process takes 15-30 days and requires proof of SR-22 insurance filing, so start the application immediately after losing your ALR hearing rather than waiting until the suspension actually begins.

An occupational license restricts you to specific routes and time windows listed in the court order — typically home to work, work to school, and medical appointments only. Violation of those restrictions triggers immediate revocation and adds a new driving while license invalid charge. Most occupational licenses cost $300-$600 in court fees and attorney costs, and require maintaining continuous SR-22 coverage for the entire suspension period plus two years after reinstatement.

Carriers treat occupational license holders identically to fully suspended drivers for underwriting purposes. You'll need non-standard or high-risk auto insurance, and the SR-22 filing requirement alone adds $20-$40/mo to your base premium. The occupational license keeps you legal to drive for essential needs, but it does nothing to reduce the insurance rate impact of the underlying suspension.

Frequently Asked Questions

What happens if I request an ALR hearing after the 15-day deadline?

DPS will deny your request as untimely and your license will suspend automatically on the 40th day after arrest. Texas law provides no exceptions to the 15-day filing window — medical emergencies, jail custody, and lack of notice are not recognized grounds for extension. Once the deadline passes, your only option is applying for an occupational license.

Does winning my ALR hearing mean my DUI charge is dismissed?

No. The ALR hearing only determines whether DPS can suspend your license administratively. Your criminal DUI charge proceeds separately in county or municipal court regardless of the ALR outcome. You can win the ALR hearing and still be convicted criminally, or lose the ALR hearing and later beat the criminal charge.

How much does it cost to hire an attorney for an ALR hearing in Texas?

Most Texas DUI attorneys charge $750-$1,500 for ALR hearing representation as a standalone service, or include it as part of a full DUI defense package ranging from $3,000-$7,500 depending on case complexity and county. Some attorneys file the initial request for free during a consultation, then quote a hearing prep fee only if you decide to proceed.

Can I still drive between my arrest date and the ALR hearing?

Yes, if you requested the hearing within 15 days. Your DIC-25 temporary permit remains valid until the hearing occurs and a decision is issued. If you didn't request the hearing, your temporary permit expires on the 40th day after arrest and driving after that date is illegal even if your criminal case is still pending.

Will my insurance company find out about the ALR suspension before my criminal case is resolved?

Yes. The administrative suspension posts to your Texas driving record within 10-15 days of the ALR hearing decision, and most carriers pull updated MVRs at every policy renewal. If your renewal falls between the ALR decision and your criminal trial date, the carrier will apply surcharges based solely on the administrative suspension even if criminal charges are later dropped.