Call Us Now
Email Us Now
ALR Hearing Attorney in Houston, TX
A Houston ALR hearing lawyer fights the automatic driver’s license suspension triggered by a DWI arrest in Texas. Cory Roth Law Office requests your Administrative License Revocation hearing within the strict 15-day deadline, challenges DPS evidence at SOAH, and protects your right to drive across Harris County.
What Is an ALR Hearing in Texas?
An Administrative License Revocation (ALR) hearing is a civil proceeding before the Texas State Office of Administrative Hearings (SOAH) that decides whether the Texas Department of Public Safety can suspend your driver’s license after a DWI arrest. It is completely separate from your criminal DWI case.
The ALR program was created by the Texas Legislature in 1993 and is governed by Texas Transportation Code Chapters 524 and 724. Chapter 524 covers suspensions for failing a breath or blood test (BAC of 0.08 or higher). Chapter 724 covers suspensions for refusing to submit to chemical testing under the implied consent law.
The burden of proof at an ALR hearing is preponderance of the evidence — only 50.1%. That is much lower than the criminal “beyond a reasonable doubt” standard. This makes early, aggressive defense critical.
The 15-Day Deadline: Why You Must Act Immediately
You have exactly 15 days from the date the arresting officer served you with the Notice of Suspension (DIC-25 form) to request an ALR hearing. Miss that deadline and your license is automatically suspended on day 40. No extensions. No appeals. No exceptions.
What the 15-Day Rule Means for You
- Day 0 — Arrest. The officer issues DIC-23 (Statutory Warning), DIC-24 (Peace Officer’s Sworn Report), and DIC-25 (Notice of Suspension / Temporary Driving Permit).
- Days 1–15 — Hearing request window. Cory Roth must file your ALR request with DPS within 15 days.
- Day 40 — Automatic suspension begins if no hearing is timely requested.
- Day 30–180 — Hearing date. If a hearing is requested in time, SOAH typically schedules it within 60–120 days, and your license remains valid until the judge rules.
Note: Your DIC-25 itself serves as a 40-day temporary driving permit. Once your hearing is timely requested, the suspension is stayed until the administrative law judge issues a decision.
How the Houston ALR Hearing Process Works
Houston ALR hearings are handled by the SOAH regional office serving Harris, Montgomery, Fort Bend, Galveston, and Brazoria counties. Most hearings are now conducted by Zoom videoconference under SOAH Driver’s License Hearings procedures.
Houston SOAH Field Office
The Preserve at North Loop
2020 N. Loop (610) West, Suite 111
Houston, TX 77018
Phone: (713) 957-0010
Step-by-Step ALR Timeline
- Step 1 – Hearing request. Filed with DPS within 15 days, identifying the issues to be contested.
- Step 2 – Discovery. Your attorney requests the officer’s reports, body and dashcam video, breath test maintenance records, and blood test certificates.
- Step 3 – Subpoena the arresting officer. This is the single most powerful tool in an ALR case.
- Step 4 – The hearing. DPS presents evidence; your attorney cross-examines the officer under oath; the administrative law judge issues a written decision.
- Step 5 – Appeal (if needed). Either party may appeal within 30 days. An appeal stays the suspension while the county court reviews the case.
Texas ALR Driver’s License Suspension Periods
Under Texas DPS ALR Program rules, the suspension length depends on your age, prior history, and whether you provided or refused a specimen.
Drivers Age 21 or Older
- First-time failed test (BAC 0.08+): 90 days.
- First-time refusal: 180 days.
- Prior alcohol/drug enforcement contact (within 10 years) – failed test: 1 year.
- Prior alcohol/drug enforcement contact (within 10 years) – refusal: 2 years.
Drivers Under 21 (Minors)
- Any detectable alcohol or refusal – first offense: 60 days (90 days for refusal).
- Prior offenses: 120 to 180 days.
CDL holders: If you hold a Texas commercial driver’s license, an ALR loss disqualifies your CDL for at least one year on a first offense — even if you were driving a personal vehicle. Read more about commercial driver DWI defense in Houston.
Common Houston ALR Hearing Scenarios
Cory Roth Law Office handles ALR hearings tied to every type of DWI arrest in Harris County, including:
- First-offense DWI arrests with breath or blood specimens above 0.08.
- Breath or blood test refusals at the scene or station.
- Felony DWI charges involving prior convictions.
- DWI with a child passenger, which carries enhanced collateral consequences.
- Intoxication assault cases where an accident occurred.
- Third or subsequent DWI offenses with longer suspension exposure.
- Out-of-state license holders arrested in Houston (Texas suspends your driving privilege; your home state may also act).
- Boating While Intoxicated (BWI) arrests, which trigger ALR consequences for your driver’s license.
ALR Hearing vs. Criminal DWI Case: What’s the Difference?
Many clients are confused about why they are fighting two cases. The ALR hearing and the criminal DWI prosecution run in parallel, in different courts, with different rules and different consequences.
ALR Hearing (Civil)
- Heard by an administrative law judge at SOAH.
- Burden of proof: preponderance of evidence (50.1%).
- Only issue: whether your driver’s license is suspended.
- DPS attorney represents the state.
Criminal DWI Case
- Heard in Harris County Criminal Court at Law (misdemeanor) or District Court (felony).
- Burden of proof: beyond a reasonable doubt.
- Possible consequences: jail, probation, fines, interlock, criminal record.
- Harris County District Attorney represents the state.
Winning your ALR hearing does not dismiss your criminal case — but it almost always strengthens it. The sworn testimony we lock in from the arresting officer at the ALR becomes powerful impeachment material if their story changes at the criminal trial.
Defenses Used at a Houston ALR Hearing
To suspend your license, DPS must prove four specific elements. Each one is a defense opportunity:
- Reasonable suspicion for the stop. Was there a valid traffic violation or articulable reason to pull you over?
- Probable cause for the arrest. Did the officer have enough to believe you were intoxicated — or were the field sobriety tests improperly administered?
- Proper request for a specimen. Was the DIC-24 statutory warning read correctly and completely?
- Failure or refusal. Was the breath test instrument properly maintained and certified? Was the blood draw legally obtained?
Common technical and procedural defenses include challenging the calibration of the Intoxilyzer 9000, questioning chain of custody on blood samples, attacking the standardized field sobriety test (SFST) administration, and demonstrating the arresting officer failed to satisfy Texas Transportation Code § 724 implied consent procedures.
What Happens If You Lose Your ALR Hearing?
If the judge upholds the suspension, you are not necessarily off the road. You may qualify for an Occupational Driver’s License (ODL), also called an Essential Need License, that lets you drive to and from work, school, medical appointments, and household essentials.
Occupational Driver’s License Requirements
- File a petition in the proper court (usually the county or justice court).
- Obtain SR-22 insurance (high-risk certificate of financial responsibility).
- Pay DPS reinstatement fees ($125 base ALR reinstatement fee, plus an issuance fee and other applicable fees).
- Comply with any required Driver Improvement or alcohol education program.
Learn more from the Texas DPS Occupational Driver’s License page. Cory Roth Law Office handles the entire ODL petition for our DWI clients so you are not stranded while the criminal case continues.
Why Choose Cory Roth Law Office for Your Houston ALR Hearing
Cory Roth Law Office is a Houston DWI defense firm focused on protecting drivers from the moment of arrest through every stage of the case. We treat the ALR hearing as a critical strategic event, not a checkbox.
- Immediate hearing request. We file your ALR request the day you retain us — often within hours of your call.
- Officer cross-examination strategy. Every ALR hearing is treated as a discovery opportunity to lock in the officer’s sworn account before trial.
- Local Harris County experience. We know the Houston SOAH judges, the DPS prosecutors, and the patterns of HPD, Harris County Sheriff’s Office, Texas DPS, and constable DWI units.
- Coordinated DWI defense. Your ALR strategy is built into your overall DWI defense from day one.
- Transparent communication. You always know what deadline is next, what we have requested, and what the judge has ruled.
Speak With a Houston ALR Hearing Lawyer Today
The 15-day clock is already running. Every hour you wait reduces your defense options. Call Cory Roth Law Office now for a free, confidential consultation with a Houston ALR hearing attorney who will file your hearing request, subpoena the arresting officer, and fight to keep you on the road.
Call (832) 346-7551 or contact us online to schedule your free case review. We protect drivers across Houston, Harris County, Montgomery County, Fort Bend County, and the greater Gulf Coast region.
Yes. An ALR loss disqualifies a Texas commercial driver's license for at least one year on a first offense, even if you were driving a personal vehicle when arrested. CDL holders cannot obtain an Occupational Driver's License to operate a commercial vehicle.
An Occupational Driver's License (ODL) is a court-issued restricted license that allows you to drive for essential needs — work, school, medical care, and household duties — while your regular license is suspended. It requires a court petition, SR-22 insurance, and DPS fees.
Yes. Either party can appeal the administrative law judge's decision within 30 days by filing a petition in the appropriate county court. An appeal stays the suspension during the review process. There is an appeal filing fee, typically around $250.
In most cases, no. Cory Roth Law Office attends the ALR hearing on your behalf and handles the entire proceeding. We will tell you in advance if your testimony or presence is strategically necessary, which is rare.
DPS must prove its case by a preponderance of the evidence — meaning more likely than not, or 50.1%. This is far lower than the "beyond a reasonable doubt" standard at a criminal trial, which is why aggressive technical defenses and officer cross-examination matter so much.
Most Houston ALR hearings are conducted by Zoom videoconference through SOAH. Some hearings are still held in person at the SOAH Houston field office at 2020 N. Loop West, Suite 111. Your notice of hearing will specify the format.
There is no state filing fee to request the ALR hearing itself. If your license is ultimately suspended, the DPS reinstatement fee is $125, plus any SR-22 insurance costs and an issuance fee if you also pursue an Occupational Driver's License.
Not automatically. A win at the ALR keeps your license, but the criminal DWI case continues separately. However, evidence developed at the ALR hearing — especially inconsistencies in officer testimony — frequently leads to reduced charges or dismissal of the criminal case later.
Refusing the test triggers a longer ALR suspension — 180 days for a first offense and up to 2 years if you have a prior alcohol-related enforcement contact within 10 years. A refusal can also be used as evidence in your criminal DWI trial under Texas Transportation Code § 724.061.
Yes. If your attorney files a timely hearing request, your driving privileges are stayed and the DIC-25 acts as a temporary 40-day permit, after which your regular license remains valid until the administrative law judge issues a written decision.
No. The ALR hearing is a civil proceeding before SOAH that decides only whether your license is suspended. Your criminal DWI case is a separate prosecution in Harris County criminal court that determines guilt, fines, jail, or probation. They run in parallel.
You have 15 days from the date the officer served you with the DIC-25 Notice of Suspension to request an ALR hearing. Missing this deadline means automatic license suspension starting on day 40 with no right to contest it.