The ALR Hearing: What It Is & Why It Matters

When people are arrested for driving-related offenses, such as a DWI, they often focus solely on their criminal court case. However, there’s another critical proceeding that’s equally important: the Department of Public Safety (DPS) hearing, also known in Texas as the Administrative License Revocation (ALR) hearing.

This hearing isn’t about determining guilt or innocence in a criminal sense—it’s about whether you’ll keep your driving privileges. Many people underestimate the significance of this hearing, which can have immediate and long-term consequences for your ability to drive.

As a practicing criminal law lawyer for over 20 years, I’m here to explain why the ALR hearing matters, how it differs from your criminal case, and why handling it correctly is essential for protecting your future.

What Is the ALR Hearing?

The ALR hearing is an administrative proceeding conducted by the Texas Department of Public Safety (DPS). Its purpose is to determine whether your driver’s license will be suspended or revoked due to an arrest involving alcohol or drug-related driving offenses.

How It Differs from Criminal Court

  1. Separate Process: The ALR hearing is completely separate from the criminal court case. Winning one doesn’t guarantee success in the other.
  2. Focus on Driving Privileges: The ALR hearing only addresses your right to drive, not whether you’re guilty of a crime.
  3. Lower Burden of Proof: The standard of proof in a ALR hearing is lower than in criminal court. The state only needs to show preponderance of evidence, meaning it’s more likely than not that a violation occurred.

Why the ALR Hearing Matters

While it may seem like just a bureaucratic step, the ALR hearing plays a pivotal role in your case and your life. Here’s why:

1. Immediate Consequences for Your License

  • If you fail to request a hearing within 15 days of receiving your suspension notice (I personally count your date of arrest as day one), your license will be automatically suspended.
  • Suspension durations can range from 90 days to 2 years, depending on the offense and whether you refused a chemical test.

2. Early Opportunity to Challenge the Evidence

The ALR hearing allows your attorney to review and challenge the evidence against you early in the process. This includes:

  • Examining whether the officer had reasonable suspicion to stop you or probable cause to arrest you.
  • Questioning the accuracy of field sobriety or chemical tests.

3. Strategic Benefits for Your Criminal Case

What happens during the ALR hearing can influence your criminal court defense:

  • Discovery of Evidence: Your attorney can gather information during the hearing that may be used to weaken the prosecution’s case in criminal court.  This is one of the only times related to a criminal case where the defense attorney can take the equivalent of a deposition of a witness.
  • Cross-Examining Officers: The ALR hearing provides a chance to question the arresting officer under oath, potentially exposing inconsistencies or procedural errors, before he or she has met with the criminal case prosecutor to get “woodshedded” (prepared to testify)

Common Issues Addressed at the ALR Hearing

1. Validity of the Traffic Stop

  • Did the officer have reasonable suspicion to pull you over or probable cause to arrest you and request a chemical specimen?

2. Chemical Test Refusal

  • Did you refuse a chemical test, and was the refusal handled according to proper procedures?

3. Test Accuracy

  • Was the breathalyzer or blood test properly administered and calibrated?

4. Procedural Compliance

  • Did the officer follow the required protocols during the arrest and testing process?

What Happens If You Lose the ALR Hearing?

If the hearing officer rules against you, your license will be suspended. However, this doesn’t mean you’re out of options:

  1. Occupational License: You may be eligible to apply for a restricted driver’s license that allows you to drive to work, school, or essential appointments.
  2. Reinstatement Requirements: After the suspension period, you’ll need to meet specific requirements, such as:
    • Paying reinstatement fees.
    • Providing proof of SR-22 insurance.
    • Completing a DWI education course if applicable.

Why You Need an Attorney for the ALR Hearing

Many people think they can handle the ALR hearing on their own or skip it altogether. This is a critical mistake. The ALR hearing is not just a formality—it’s a key opportunity to protect your driving privileges and strengthen your overall defense.

How an Attorney Can Help:

  • File the Hearing Request: Ensuring you meet the 15-day deadline to avoid automatic suspension.
  • Challenge the Evidence: Attorneys know how to question the validity of chemical tests, traffic stops, and officer testimony.
  • Strategic Defense: A skilled lawyer can use insights from the ALR hearing to build a stronger case in criminal court.

Take Control of Your Driving Future

Ignoring or mishandling your ALR hearing can result in a loss of driving privileges, higher insurance rates, and a harder road ahead in your criminal case. At David Smith Law Firm, PLLC, we understand how crucial this hearing is and how to leverage it for the best possible outcome.

📞 Contact us today for a free consultation! Visit https://www.davidsmith.law/contact-us/ to discuss your case and protect your right to drive.

Your license, your freedom, and your future are worth fighting for—let us guide you every step of the way.