Navigating Texas’s Administrative License Suspension (ALS) After a DWI Arrest

April 9, 2025

If you’ve been arrested for a DWI in Texas – especially if it’s your first offense – you may be feeling overwhelmed and worried about losing your driver’s license. In Texas, a DWI arrest triggers an Administrative License Suspension (ALS) process (also known as an Administrative License Revocation (ALR) hearing) that is separate from the criminal DWI case. At The Napier Law Firm, our Conroe criminal lawyer focuses on helping first-time DWI offenders with no prior criminal history navigate this process. We handle misdemeanor and felony DWI cases in Montgomery County and across Texas, but we take special care to guide first-timers through the ALS steps with a client-friendly approach.

What Triggers an Administrative License Suspension in Texas?

In Texas, the ALS process is automatically triggered when you are arrested for Driving While Intoxicated (DWI) and either:

• Refuse to take a breath or blood test, or
• Take the test and have a Blood Alcohol Concentration (BAC) at or above the legal limit (0.08% for adults).

Under Texas law, every driver impliedly consents to chemical testing if lawfully arrested for DWI. If you refuse the test or fail it by blowing over 0.08, the officer will initiate the license suspension process through the Texas Department of Public Safety (DPS). This administrative action is independent of any criminal DWI charges you face under the Texas Penal Code. In other words, even if your criminal case hasn’t gone to court yet, DPS can move to suspend your license simply based on the arrest and test results (or refusal).

The 15-Day Deadline: Seizure of Your License and Temporary Driving Permit

When you’re arrested for DWI in Texas, the police officer will take your physical driver’s license on the spot. In its place, they’ll issue you a Temporary Driving Permit (often on a piece of paper) that lets you continue driving for a short period. This temporary permit is typically valid for 40 days from the date of your DWI arrest. It serves as your license during this time because your actual license will be sent to DPS for review.

Here’s what happens next: DPS will review the officer’s report and your test results (if any) to determine whether an administrative license suspension should be imposed. If so, DPS will mail you a notice of suspension, which triggers a very important countdown. From the date of your arrest, you have only 15 days to request a hearing to contest the suspension. If you do nothing within 15 days, your driver’s license will be suspended automatically once the 40-day temporary permit period ends.

Key tip: Don’t miss that 15-day window! If you want to fight the license suspension, a hearing must be requested in time. This is where having an attorney can be critical – your attorney can immediately file the hearing request with DPS to ensure your right to a hearing is preserved. At Napier Law Firm, we make sure to handle this step quickly for our clients so they don’t accidentally lose their license by missing the deadline.

What if you request a hearing in time? Good news: if a hearing is requested within 15 days, your temporary driving permit remains valid beyond the 40 days until the hearing process is concluded. In other words, you can continue driving while waiting for your hearing date. DPS will schedule an Administrative License Revocation (ALR) hearing (the term Texas often uses for the ALS hearing) where you can challenge the suspension.

The ALR Hearing Process and Your Rights

The administrative hearing to contest your license suspension is a civil proceeding that is completely separate from your criminal DWI court case. This hearing will not determine whether you are “guilty” of DWI – it only decides if your license will be suspended under the administrative rules. Here’s what to expect:

• Who presides over the hearing? The hearing is conducted by an administrative law judge (ALJ), not a typical traffic court judge. In Texas, these ALJs are appointed (often through the State Office of Administrative Hearings) to oversee DPS license hearings.
• What are the issues? The ALJ will consider a few key questions: Did the police officer have reasonable suspicion or probable cause to pull you over and arrest you for DWI? Were you properly informed of the consequences of refusing or failing a breath/blood test? And did you indeed refuse the test or have a BAC of 0.08+ at the time of driving? Essentially, the hearing examines whether the legal requirements for an ALS were met.
• Your rights at the hearing: You have the right to be represented by an attorney at the ALR hearing (and it’s highly advisable). You or your lawyer can present evidence and testimony, call your own witnesses, and cross-examine the state’s witnesses (often the arresting officer). This is your chance to challenge the circumstances of the stop and arrest or the testing procedure. For example, evidence might include video of the traffic stop, witness statements, or issues with the breathalyzer machine.
• How the hearing works: The setting is informal – usually a small hearing room or even via Zoom/phone – and the rules of evidence are more relaxed than in criminal court. The DPS will have a representative (or the officer) present their case for why your license should be suspended (e.g. showing the blood test result or refusal form). Then your side can argue against it, perhaps by pointing out mistakes in the police report or lack of probable cause.
• Standard of proof: Unlike a criminal trial which requires proof “beyond a reasonable doubt,” an administrative hearing generally uses a lower standard (preponderance of evidence – basically >50% certainty). This means it can be easier for DPS to win a suspension than it would be for a prosecutor to win a DWI conviction in court. It’s not a foregone conclusion, though – a skilled lawyer can often find weaknesses in the state’s case.

After both sides present their evidence, the ALJ will make a decision – usually either at the end of the hearing or within a few days in writing. If the judge decides in your favor, the suspension is voided and you keep your license (or get it back if it was taken). If the judge upholds the suspension, then DPS will move ahead to suspend your license for the applicable period. The ALJ’s decision is final for the administrative case, though in some instances you could appeal it to a county court at law.

Administrative vs. Criminal Proceedings: Two Separate Cases

It’s important to understand that the ALS/ALR hearing is completely separate from the criminal DWI case you’ll face in the court system. You actually have two legal processes happening after a DWI arrest:

1. The Administrative License Suspension (Civil) – handled by DPS and an ALJ, focused solely on your driving privileges. Its only concern is whether your license will be suspended due to the refusal or failed BAC test. This does not involve a jury or criminal judge, and it doesn’t result in jail or fines – only license suspension and related fees. Think of it as a civil administrative matter.
2. The Criminal DWI Case – handled in the Texas court system (likely a county criminal court or district court) with a judge and possibly a jury, focused on whether you are guilty of the DWI offense itself. That process determines criminal penalties like fines, probation, or jail and is completely separate from DPS’s administrative action.

These two processes can have different outcomes. For example, you could win your ALR hearing (no license suspension) but still later be convicted of DWI in criminal court, or vice versa. Success or failure in one does not guarantee the same in the other, because they are decided under different rules and standards. The administrative hearing will not decide any guilt or innocence regarding the crime of DWI – it only addresses your driving privileges.

This also means that if you beat your DWI charge in criminal court (say it gets dismissed or you’re found not guilty), that doesn’t automatically reinstate your license if it was suspended in the administrative process. You’d still need to deal with DPS separately. Conversely, if you lose the ALR hearing and your license is suspended, you still have every opportunity to fight the criminal charge in court with the help of a capable DWI defense attorney. At The Napier Law Firm, our Montgomery County DWI defense team coordinates strategy for both your administrative hearing and your criminal case to protect your rights on all fronts.

How Long Will My License Be Suspended? (ALS Suspension Periods)

The duration of an administrative license suspension in Texas depends on the specifics of your DWI arrest and your history. For first-time DWI offenders with no prior alcohol-related enforcement contacts in the last 10 years, the suspension periods are:

• 90 days if you took a breath/blood test and failed (BAC of 0.08 or above).
• 180 days (6 months) if you refused to submit to a breath or blood test.

Those are the typical ALS suspension lengths for a first offense without prior issues. However, if you have prior DWI arrests or refusals in the past decade, the stakes go up:

• Second DWI-related incident (or one prior in last 10 years):
  • 1 year suspension for failing the test (BAC over limit).
  • 2 year suspension for refusing the test.
• Third or subsequent DWI incident:
  • 2 year suspension for a test failure (the maximum for ALS).
  • 2 year suspension for a refusal (since 2 years is the max for any refusal beyond first offense).

In short, refusing the test leads to a longer suspension for first-timers (6 months) than simply failing it (3 months). Texas law essentially “penalizes” the refusal with a harsher suspension because the state wants to encourage people to take the alcohol test. For repeat offenders, the suspension jumps significantly and can stretch up to two years. Keep in mind, these are administrative suspension lengths imposed by DPS. They are separate from any additional suspensions or penalties that a criminal court could impose if you’re later convicted of DWI. For instance, a DWI conviction in criminal court can also include a license suspension as part of the sentence, on top of the ALS suspension – confusing, right? This is another reason having a knowledgeable attorney is valuable: to sort out and potentially coordinate these overlapping consequences.

After the Suspension: How to Get Your License Back

If your license does get suspended through the ALS process, it’s not gone forever. After the suspension period is over, you can reinstate your driver’s license – but Texas DPS will require you to jump through a few hoops first. To restore your driving privileges, you’ll typically need to:

• Pay a reinstatement fee (and any other outstanding DPS fees or fines).
• Complete a DWI education or intervention program, such as an Alcohol Education Program for Minors (for underage drivers) or a DWI Education Program for adults. In some cases, a substance abuse evaluation and treatment program might be required, especially if it’s not your first offense.
• Obtain an SR-22 insurance certificate from your auto insurance company. An SR-22 is a special proof-of-insurance filing that Texas requires for high-risk drivers after incidents like DWI. You’ll need to carry this for a certain time (often 2 years from the date of suspension).

Once you have satisfied these requirements, you’ll need to submit a reinstatement application to DPS (usually this can be done online via the Texas DPS Driver License Eligibility system on Texas.gov) and pay the required reinstatement fee. DPS will then process your paperwork and reinstate your license if everything is in order.

It’s crucial to make sure all conditions are met; otherwise, your license will remain invalid even after the time period is up. Our criminal defense services include helping clients navigate this reinstatement process. We can guide you on where to take the DWI class, how to get the SR-22, and ensure all forms are submitted correctly so you can get back on the road as soon as possible.

Hardship Licenses (Occupational Licenses)

What if you can’t afford to go without driving during a suspension? Texas law does allow for a hardship license, officially called an Occupational Driver’s License (ODL), in many cases. An occupational license is a restricted license that lets you drive for essential purposes (like work, school, medical appointments, or household duties) while your normal license is suspended. You have to petition a court to grant you an occupational license – it’s not handled through DPS alone. Typically, you’d file a petition in the county court and show why you need to drive (e.g. no public transportation available, job depends on driving, etc.). If approved, the court order for an ODL will outline when and where you can drive (for example, it might allow driving only during certain hours or only to certain locations).

An attorney’s assistance is very useful in obtaining an occupational license quickly. There are specific documents to file, and some counties require a hearing. At Napier Law Firm, we frequently help clients secure occupational licenses to keep them driving legally to work and back while their ALS suspension is in effect. This can be a lifesaver for those who absolutely need to drive and can’t wait out a 3- or 6-month suspension with no transportation.

How a DWI Attorney Can Help You Through the ALS Process

Facing a DWI charge and the ALS process at the same time can be daunting, especially for a first-time offender. This is not something you have to tackle alone. Working with an experienced DWI attorney can significantly improve your chances of a better outcome in both the administrative and criminal proceedings. Here are some ways our Montgomery County DWI defense team can help if you find yourself in this situation:

• Ensuring you meet deadlines and file the right paperwork: We will make sure the hearing request is filed within 15 days so you don’t lose your right to contest the suspension. Missing this deadline means automatic suspension – we won’t let that happen. We also handle all communication with DPS, so you won’t be caught off-guard by any notices.
• Representation at the ALR hearing: As your attorneys, we will attend the administrative hearing on your behalf and present a strong case to challenge the suspension. This could involve questioning whether the traffic stop was lawful, reviewing breathalyzer maintenance records for errors, or highlighting inconsistencies in the police report. Our goal is to poke holes in DPS’s case to either get the suspension thrown out or at least gather information that could help your criminal case.
• Navigating the court system for occupational licenses: If a suspension does go into effect, we can quickly file a petition and motion in the appropriate court for an Occupational Driver’s License. Because we know the local Texas court system and what judges require, we can often speed up the process of obtaining a hardship license so you’re not without driving privileges for long.
• Coordinating your defense holistically: The ALS hearing can actually be a valuable preview of the criminal case. For example, testimony from the officer at the license hearing is given under oath and can be transcribed – it’s an opportunity to get information that we can later use in your criminal DWI defense (such as inconsistencies that may help in court). We make sure to leverage insights from the ALS process to benefit your overall defense strategy.
• Guidance on reinstatement: After all is said and done, we continue to assist by guiding you through the steps to fully reinstate your license as soon as you’re eligible. By ensuring you complete any required classes quickly and file the correct forms, we help minimize the time you’re inconvenienced by the suspension. Our attorneys know the ins and outs of DPS’s system, which can prevent unnecessary delays in getting your license back.

At The Napier Law Firm, we pride ourselves on providing compassionate, client-focused representation – we know that a DWI arrest can happen to good people who simply made a mistake. If it’s your first time in the criminal justice system, we will walk you through each step and fight to protect not just your rights in court, but also your ability to keep driving whenever possible. Our comprehensive approach to criminal defense services means we’re equipped to handle every aspect of a DWI case: from the ALR hearing, to the criminal trial, to the post-suspension reinstatement process.

Don’t Face a DWI License Suspension Alone – We Can Help

A DWI arrest in Texas comes with many fast-moving parts – police, DPS, courts – and the clock starts ticking right away on your driving privileges. The Administrative License Suspension process can strip you of your license just 40 days after your arrest if you don’t take action. The good news is you have the right to fight it, and as a first-time offender, you likely have a strong chance to avoid the worst consequences with the right help.

The Napier Law Firm is here to guide you through this stressful time. Our experienced DWI attorney, George Napier, has helped many clients in Conroe, Montgomery County, and the Greater Houston area protect their licenses and their futures after a DWI arrest. We understand that your ability to drive is essential for your job, family, and daily life – we’ll treat your case with the urgency and care it deserves.

If you’ve recently been arrested for DWI (especially if it’s your first offense) and are worried about your license, don’t hesitate to reach out to us. We offer free consultations 24/7, so you can get answers and peace of mind immediately. During your consultation, we’ll explain your options and how we can help, from requesting the ALR hearing in time to representing you in court. You can also schedule a free consultation to discuss your case in detail.Take action now to protect your license and your future – contact The Napier Law Firm today. We’ll fight for you every step of the way and work hard to get you back on the road with as little disruption as possible. Your first DWI mistake doesn’t have to derail your life. Let us help you navigate the ALS process and move forward with confidence.