Requesting an ALR Hearing

Requesting an ALR  Hearing

Charlie explains how to request your own ALR hearing. He also discusses why it is probably better for an attorney to do it.


Q: What is an ALR hearing?

A: An Administrative License Revocation (ALR) hearing is a process you can request if you've been arrested for a DWI in Texas and either blew over 0.08 or refused to take a breath or blood test.

Q: How soon must I request an ALR hearing after a DWI arrest?

A: You have 15 days from the date of your arrest to request an ALR hearing.

Q: What happens if I request an ALR hearing?

A: Requesting an ALR hearing will delay the automatic suspension of your license, which is otherwise set to occur 40 days after your arrest, until a judge hears your case.

Q: Why should I have an attorney request the ALR hearing on my behalf?

A: An attorney is familiar with the process, can ensure proper procedures are followed, such as subpoenaing the arresting officer, and can make legal arguments regarding the reasonable suspicion and probable cause for the arrest.

Q: Can I request an ALR hearing myself?

A: Yes, you can. Instructions on how to request the hearing are provided on the temporary driving permit issued when your license is taken after a DWI arrest.

Q: Should I request a telephone or in-person ALR hearing?

A: It's suggested to request an in-person hearing because it requires the police officer to appear in person once subpoenaed, which can be advantageous for your case.

Q: Can I request an ALR hearing and then have an attorney take over later?

A: Yes, you can request a hearing yourself and then hire an attorney to take over the case at a later time.

Q: Is it beneficial to always have an ALR hearing?

A: While not always successful, it is usually advised to have the hearing as it can delay license suspension and possibly reveal information that can be helpful for the criminal side of the case.

Q: What are the chances of winning an ALR hearing?

A: The chances of winning or learning something beneficial at an ALR hearing are about 10% to 15%, so it can be challenging but not impossible.

Q: Can I get an occupational license if I lose my ALR hearing?

A: Yes, in most cases, an attorney can help you acquire an occupational license with certain restrictions even if you lose your ALR hearing.