Administrative License Revocation (ALR) Program

Hopefully, you refused to blow or provide a blood sample which will result in an automatic suspension of your driver’s license.   You have 15 days to request a hearing – an ALR hearing.  This is important as it provides to you an opportunity to “depose” the arresting officer.  Depose, Deposition is a word that means you are afforded an opportunity to ask the arresting officer questions about your stop and arrest.   To explore what he or she knows.   To set up the police officer for impeachment at the trial of the case.  The following materials were taken from the Texas Department of Public Safety website and have been copied here.  We couldn’t have said it any better. “The Administrative License Revocation (ALR) Program is a civil administrative process unrelated to criminal court proceedings. The ALR Program applies to individuals arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) and refuse to take or fail a blood or breath test. Individuals who refuse or fail a blood or breath test following an arrest for DWI may have their driver license suspended from 90 days to 2 years. Refusal or failure of this test will also result in an automatic one-year disqualification for individuals with a commercial driver license.

ALR Process for DWI or BWI (Boating While Intoxicated) 

If a law enforcement officer has reason to believe a driver is impaired, a set of field sobriety tests will be administered [did you respectfully refuse?].  If the driver performs poorly on the field sobriety tests then the driver will be arrested for DWI or BWI.

  1. The driver is asked to take a breath or blood test to measure his/her blood alcohol concentration (BAC) level [did you refuse?].
  2. The driver is served a notice that his/her driver license will be suspended if he/she refuses to take or fails the field sobriety test. (Registering a 0.08 BAC or greater is considered failing.) The individual then has 15 days from the date the suspension notice is served to request a hearing.
  3. If a hearing is not requested, the suspension goes into effect on the 40th day after the notice was served. (This is usually 40 days after the arrest.) For various reasons, including delayed or missing paperwork, the 40 days can be retroactive or back-dated from the date of notice.
  4. The law enforcement officer will take the individual’s driver license and issue a temporary driving permit.
  5. A $125 reinstatement free is required prior to the renewal or issuance of a driver’s license.

Hearings for ALR

In certain circumstances, individuals may be eligible to request a hearing [we highly recommend that you request the hearing]  for an administrative license revocation (ALR) to contest the suspension of their driver license. If the request is submitted within the required 15 days, DPS will send a letter to the individual to the address on record. The letter will provide the date, time and location of the hearing. Please allow up to 120 days for the hearing to be scheduled. Requests made after the required 15 days will be denied and the individual will be notified by mail. Hearings are conducted by the State Office of Administrative Hearings. During the hearing, the individual is responsible for providing facts to the hearing officer who will determine if the reasons for the suspension are valid. NOTE: If you have already been through the administrative hearing process and the decision resulted in the suspension of your driver license, you may be eligible to appeal [they are rarely appealed] that decision.    

Periods of Suspension for Adults

An individual’s driver license will be suspended under the following circumstances.

  1. The individual refused to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.
  • First offense, suspension for 180 days.  Occupational license needed.
  • 2 years – if previously suspended for failing or refusing a blood or breath test, or for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years following the date of arrest, suspension for 2 years.
  1. The individual provided a blood or breath specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense involving the operation of a motor vehicle or watercraft while intoxicated.
  • First offense, suspension for 90 days.  Occupational license needed.
  • 1 year – if previously suspended for failing or refusing a blood or breath test or previously suspended for a DWI, Intoxication Assault, or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.     

Periods of Suspension for Minors (Under 21 Years of Age) A minor’s driver license will be suspended under the following circumstances.

  1. The minor refused to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.
  • First offense, a suspension of 180 days.
  • 2 years – if previously suspended for failing or refusing a blood or breath test or previously suspended for DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.
  1. The minor provided a blood or breath specimen or a detectable amount of alcohol was found following an arrest for an offense involving the operation of a motor vehicle while intoxicated.
  • First offense, a suspension for 60 days. 120 days – if previously convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol.
  • 180 days – if previously convicted two or more times of an offense involving the operation of a motor vehicle while under the influence of alcohol.
  1. The minor was not requested to provide a blood or breath specimen following the arrest for an offense involving the operation of a motor vehicle because the presence of alcohol was detected or measured by other means.
  • First offense involving alcohol, a suspension of 60 days.
  • 120 days – If previously convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol. 180 days – If previously convicted two or more times of an offense involving the operation of a motor vehicle while under the influence of alcohol.      

Periods of Disqualification for a Commercial Driver License (CDL) A CDL will be disqualified for one year under the following circumstances.

  1. The individual refused to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a commercial motor vehicle in a public place; or
  2. While operating a motor vehicle in a public place, the individual provided a blood or breath specimen that showed an alcohol concentration of:
  3. 0.04 or more (commercial vehicle only)
  4. 0.08 or more (any vehicle)
  5. 0.10 or more (any vehicle)

A CDL will be disqualified for three years from transporting hazardous material under the following circumstances.

  1. The individual refused to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a commercial motor vehicle transporting a hazardous material required to be placarded (displayed).
  2. While transporting hazardous material required to be placarded (displayed), the individual provided a blood or breath specimen that showed an alcohol concentration of:
  3. 0.04 or more (commercial vehicle only)
  4. 0.08 or more (any vehicle)
  5. 0.10 or more (any vehicle)

Occupational License Individuals may be eligible to apply for an occupational license while their driver license is suspended or revoked. Driver Eligibility Status For individuals who are required to submit compliance documents (i.e. certificate of completion, SR-22, etc.) their driver eligibility status will change from “ineligible” to “eligible” on the License Eligibility website once all documents have been processed and fees have been paid.