The Short Answer
If you were arrested for DWI in Collin County and refused or failed a breath or blood test, the officer probably took your license and gave you a notice of suspension. You have 15 days from the date you received that notice to request an Administrative License Revocation (ALR) hearing. If you agreed to a blood test and the notice came in the mail later, the deadline is 20 days from the mailing date. If you miss the deadline, your license is automatically suspended starting on the 40th day.
Two Cases, Not One
A Texas DWI arrest usually starts two separate cases:
- The criminal DWI case in a Collin County court, which decides guilt and punishment
- The ALR case with the Texas Department of Public Safety, which decides only whether your license will be suspended
The ALR case moves much faster, and it has its own deadline. Winning or losing one doesn’t decide the other.
How Long the Suspension Can Be
For drivers 21 and older, according to DPS:
- Refusing a test: 180 days for a first offense, or 2 years with a prior alcohol-related suspension or conviction in the last 10 years
- Failing a test (0.08 or higher): 90 days for a first offense, or 1 year with a qualifying prior
Drivers under 21 face different rules, including suspensions for any detectable amount of alcohol.
Why the ALR Hearing Is Worth Requesting
- You may keep your license. If DPS can’t prove its case, the suspension doesn’t happen.
- It buys time. In most cases, requesting a hearing keeps you driving until the hearing is decided.
- Your lawyer can question the officer under oath. ALR hearings are held before an administrative law judge, often by phone or video. Testimony at an ALR hearing can reveal weaknesses in the stop, the arrest, or the testing that matter in the criminal case.
- You see the State’s evidence early. The officer’s report and other records are often available for the hearing, well before they’d otherwise be shared in the criminal case.
What DPS Has to Prove
Generally, DPS must show that the officer had reasonable suspicion to stop you, probable cause to believe you were driving while intoxicated, and that you either refused a test after being properly warned or had a test result of 0.08 or higher. Problems with any of those issues can defeat the suspension.
If Your License Is Suspended Anyway
You may be eligible for an occupational driver’s license, which allows limited driving for work, school, and essential household duties. An ignition interlock device may be required.
Frequently Asked Questions
How do I request the hearing?
You can request it through DPS, but most people have their lawyer request it, so the lawyer is set up to receive the notices and evidence.
Does the ALR hearing affect my criminal case?
The results are separate, but the officer’s testimony at the hearing can be very useful in the criminal case.
What are the penalties for the DWI itself?
See the penalties for driving while intoxicated in Texas.
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. If you were arrested for DWI, the 15-day clock is already running, so call as soon as you can. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our DWI defense practice and ALR hearings.
