What Is an ALR Hearing in Texas?

After any DWI arrest in Texas, a peace officer who stops you and conducts a DWI investigation must submit an automatic suspension notice to the Texas Department of Public Safety if one of two things occurs:

1. You provided a breath or blood specimen and the result was 0.08 or higher (or 0.04 for a commercial driver, or any detectable amount for a minor under 21)
2. You refused to provide a breath or blood specimen when requested

Once DPS receives that notice, a 40-day clock begins on your temporary driving permit. The suspension takes effect on day 41 — unless you or your attorney requests an ALR hearing within 15 days of the date of arrest.

The request stops the suspension. It does not prevent it permanently, but it keeps you driving while your case is being fought.

The ALR hearing is conducted before an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH). The issues are narrow and defined by statute under Tex. Transp. Code §524.035:

For a test-result case (BAC ≥0.08):
1. Did the peace officer have reasonable suspicion to stop or probable cause to believe the person was operating a vehicle in a public place?
2. Was the person placed under arrest?
3. Was the test properly requested under the implied consent statute?
4. Did the specimen analysis reflect BAC ≥0.08 (or the applicable limit)?

For a refusal case:
1. Did the peace officer have reasonable suspicion to stop or probable cause?
2. Was the person placed under arrest?
3. Was the person properly warned of the consequences of refusal?
4. Did the person refuse to provide the specimen?

The state has the burden of proof at the ALR hearing. Your attorney can cross-examine the arresting officer, challenge the evidence, and argue that one or more of these elements was not met.

Discovery value: Even in cases where the ALR hearing is not won, the officer testifies under oath — creating a transcript your attorney uses in the criminal case. If the officer's story changes between the ALR hearing and the criminal trial, that inconsistency is powerful impeachment material.

Three possible outcomes at a Texas ALR hearing:

Win: The ALJ finds in your favor — the suspension is set aside and your license is not suspended through the ALR proceeding. Your license is preserved (unless a criminal conviction later triggers a separate suspension).

Lose: The ALJ sustains the suspension. The suspension period begins on the date of the ALJ's order. You may be eligible to petition for an occupational driver's license immediately for essential driving needs.

Default: If DPS fails to appear or produce witnesses at the hearing, the ALR case may be dismissed by default — a win for the defendant.

Even losing the ALR hearing has value: the sworn testimony is on record, discovery is obtained, and the officer's testimony is preserved for cross-examination at trial.