Texas runs two separate post-violation systems that determine your license status and insurance requirements. Missing the 15-day ALR hearing request window costs you your license regardless of what happens in criminal court.
What happens to your license immediately after a DWI arrest in Texas
Texas DPS confiscates your physical license at the time of arrest and issues a temporary driving permit valid for 40 days. This is not your criminal court date—it's your administrative license countdown.
You have exactly 15 days from the arrest date to request an Administrative License Revocation hearing. Miss this deadline and your driving privilege automatically suspends on day 41, regardless of whether criminal charges are pending, dropped, or result in acquittal. The ALR process operates entirely separately from criminal court.
The 15-day window includes weekends and holidays. If day 15 falls on a Saturday, your request must arrive by the preceding Friday. Texas DPS does not grant extensions for mail delays, missed notifications, or confusion about the process.
How ALR hearings work and what they actually decide
ALR hearings determine one thing only: whether DPS has legal grounds to suspend your license administratively. This is not a criminal trial. The judge evaluates whether the officer had reasonable suspicion to stop you, probable cause to arrest you, and whether you refused testing or failed with a BAC of 0.08 or higher.
The burden of proof is preponderance of evidence—much lower than the beyond reasonable doubt standard in criminal court. DPS wins approximately 85% of contested ALR hearings statewide. Requesting a hearing does not guarantee you'll keep your license, but it delays the suspension start date and preserves your right to present evidence.
If you win your ALR hearing, your license remains valid and no administrative suspension appears on your driving record. If you lose, the suspension length depends on your refusal or test result: 90 days for failing a breath test on a first offense, 180 days for refusal, and longer periods for repeat offenses within 10 years.
Find out exactly how long SR-22 is required in your state
Why SR-22 filing happens even if you win your ALR hearing
SR-22 requirements trigger at criminal conviction, not at administrative suspension. You can win your ALR hearing, keep your license, and still face a 2-year SR-22 mandate if you're later convicted of DWI in criminal court.
Texas requires SR-22 filing as a condition of license reinstatement after DWI conviction, license suspension for certain violations, or accumulation of excessive points. The filing proves you carry minimum liability coverage of 30/60/25. Your insurer electronically files the SR-22 certificate with DPS and maintains it for the required period.
Carriers typically add $15–$35 per month in SR-22 processing fees on top of the violation surcharge applied to your base premium. The SR-22 period begins when DPS receives the filing, not when you purchase the policy. Gaps in coverage restart the entire 2-year clock.
What the 15-day ALR request deadline actually means for your insurance
Requesting an ALR hearing within 15 days delays your suspension start date by 30–90 days while the hearing is scheduled and decided. This window keeps you legally licensed and preserves standard-market insurance access.
If you miss the 15-day deadline, your suspension begins on day 41. You cannot drive legally, and your current carrier typically discovers the suspension at your next renewal—triggering either non-renewal or immediate mid-term cancellation depending on your policy terms. Some carriers run driving record checks every 6 months and will catch the suspension before renewal.
Once suspended, you must complete the suspension period, pay a $125 reinstatement fee to DPS, and file SR-22 before regaining driving privileges. During suspension, you cannot maintain standard auto insurance because you have no valid license to insure. You'll need to secure SR-22 coverage from a non-standard carrier before DPS will reinstate your license.
How criminal court outcomes affect your SR-22 timeline independently
Criminal DWI cases in Texas take 6–18 months to resolve. Your ALR suspension can start, run its full course, and end before your criminal case reaches trial. These are parallel tracks.
If you're convicted of DWI in criminal court, Texas mandates SR-22 filing for 2 years from the date of conviction. This period runs independently of any ALR suspension you already served. A deferred adjudication agreement still triggers the SR-22 requirement in most counties.
If criminal charges are dismissed or you're acquitted, you avoid the SR-22 mandate—but only if you also won your ALR hearing or completed the administrative suspension. DPS does not automatically reinstate your license just because criminal charges were dropped. You still owe the reinstatement fee and must clear any holds on your record.
What to do in the first 15 days after a Texas DWI arrest
Request an ALR hearing immediately. Download the request form from the Texas DPS website or call the ALR division at 512-424-2600. Fax or mail the request—online submission is not available. Keep the fax confirmation or certified mail receipt as proof of timely filing.
Contact your current auto insurance agent or carrier within 72 hours to confirm whether your policy includes post-arrest coverage or if you need to disclose the arrest immediately. Some carriers require disclosure within 30 days; others discover violations only at renewal. Early disclosure does not always trigger immediate rate increases, but failure to disclose when required can void your policy.
Do not let your current policy lapse during this period. If your carrier non-renews you after discovering the arrest, secure replacement coverage before the cancellation date. Driving uninsured in Texas adds a separate violation that extends your SR-22 period and increases reinstatement costs.
How carriers price post-violation coverage differently during ALR versus post-conviction
Carriers apply different underwriting rules depending on whether you're in the ALR phase or post-conviction phase. During ALR—before conviction—most standard carriers keep you in-book but apply a 25–50% surcharge if they discover the arrest. Some wait until conviction to reprice.
After conviction and SR-22 filing, standard carriers typically non-renew at the next renewal cycle. Texas non-standard carriers who specialize in SR-22 filings charge 60–140% more than standard market rates, depending on your age, county, and whether this is a first or repeat offense.
Shopping for coverage immediately after conviction—before your current carrier non-renews you—gives you more options than waiting until you receive a cancellation notice. Carriers view proactive shoppers as lower-risk than drivers forced into the non-standard market after being dropped.
