An ALR suspension is separate from criminal charges, and a Fort Worth lawyer can challenge it within a narrow window

When you are arrested for driving under the influence in Texas, two things happen at once: the police report goes to the criminal court, and your driver's license goes into a separate process called an Administrative License Revocation (ALR). The ALR is not a punishment — it is an administrative action by the Texas Department of Public Safety. A lawyer who handles ALR cases in Fort Worth can request a hearing to contest the suspension before it takes effect, but you have only 15 days from the date of arrest to ask for one. If you miss that important date, the suspension becomes automatic.

The reason the timeline matters so much is that an ALR suspension can begin as soon as 40 days after your arrest, even if your criminal case has not gone to trial yet. During those 40 days, you may be able to drive on a work permit or occupational license, but only if you request one and meet the requirements. A lawyer familiar with Fort Worth's ALR process can file the hearing request, prepare you for the hearing, and explain what documents the Department of Public Safety will need to see.

Key Takeaways

  • You have 15 days from arrest to request an ALR hearing; missing this important date means the suspension takes effect automatically after 40 days.
  • An ALR suspension is separate from any criminal case and can happen even if you are found not guilty in court.
  • A Fort Worth ALR lawyer can challenge the suspension by questioning whether the officer had legal grounds to stop you or whether the breath or blood test was conducted properly.
  • If the suspension takes effect, you may be able to drive on an occupational license for work, school, or medical appointments, but you must request one through the court.
  • The hearing itself is not a trial; it focuses on whether the police had probable cause and whether the test was reliable, not on whether you were actually impaired.

How the ALR process works in Texas

When a police officer arrests you for DUI in Fort Worth, the officer takes your physical license and gives you a notice of suspension. That notice tells you the suspension will take effect in 40 days unless you request a hearing. The hearing is held by an administrative law judge employed by the Department of Public Safety, not by the court system that handles your criminal case.

At the ALR hearing, the state must prove three things: that the officer had legal grounds to stop your vehicle, that the officer had probable cause to believe you were driving while intoxicated, and that you either refused the breath or blood test or that the test result was 0.08 or higher. The hearing is not about whether you actually drove impaired — it is about whether the police followed the law in gathering evidence. A lawyer can cross-examine the officer and challenge the reliability of the breath or blood test machine.

If you lose the ALR hearing, the suspension takes effect. The length of the suspension depends on whether this is your first offense and whether you refused the test. A first-time refusal typically results in a 180-day suspension; a first-time failed test results in a 90-day suspension. If you have prior DUI convictions, the suspension is longer.

Why the 15-day important date is critical

The 15-day window to request an ALR hearing is absolute. If you do not submit the request by day 15, you lose the right to a hearing, and the suspension becomes final. Many people do not realize this important date exists because they are focused on their criminal case, which moves on a different timeline. A criminal case can take months or years; the ALR process moves much faster.

A Fort Worth ALR lawyer can file the hearing request on your behalf and make sure it reaches the Department of Public Safety before the important date passes. Some lawyers include this in their criminal defense work; others specialize only in ALR hearings. Either way, contacting a lawyer within the first few days after arrest is important because gathering evidence and preparing for the hearing takes time.

What a Fort Worth ALR lawyer can challenge

The officer's reason for stopping your vehicle is the first thing a lawyer will examine. If the officer had no legal basis to pull you over — for example, if you were not speeding, weaving, or breaking any traffic law — then everything that happened after the stop may be thrown out. This is called a "fruit of the poisonous tree" argument, and it can end the ALR case before it goes further.

The second challenge is whether the officer had probable cause to arrest you. The officer must have observed signs of impairment: slurred speech, the smell of alcohol, poor performance on field sobriety tests, or admission of drinking. If the officer's notes do not document these observations clearly, a lawyer can argue that probable cause did not exist.

The third challenge is the breath or blood test itself. Breath machines require regular calibration and maintenance; blood samples require proper collection, storage, and chain-of-custody documentation. If the machine was not calibrated on the date of your test, or if the blood sample was not handled correctly, the test result may not be reliable. A lawyer can request the maintenance records and the lab report and cross-examine the officer or technician about how the test was performed.

Occupational license and work permits during suspension

If your license is suspended, you may still be able to drive to work, school, medical appointments, or court-ordered programs on an occupational license. You cannot use an occupational license for any other purpose. To get one, you must file a petition in the district court in Tarrant County and show that the suspension would cause you undue hardship.

An occupational license is not automatic. The judge will consider whether you have other transportation options, whether losing your license would cost you your job, and whether you have a prior history of DUI. A lawyer can help you prepare the petition and present your case to the judge. Some judges in Fort Worth are more willing to grant occupational licenses than others, and a local lawyer will know the judges and what they typically require.

If you are still waiting for your ALR hearing and the 40-day period is about to end, you can request a temporary permit to drive while the hearing is pending. This is different from an occupational license and is easier to obtain, but it expires once the hearing is held.

The difference between ALR suspension and criminal penalties

It is important to understand that losing your ALR hearing does not mean you will be convicted of DUI in criminal court, and winning your ALR hearing does not mean you will be acquitted. The two cases are completely separate. You can win the ALR hearing and still be convicted of DUI, or you can lose the ALR hearing and be found not guilty in court.

The criminal case focuses on whether you were guilty beyond a reasonable doubt. The ALR hearing focuses on whether the police had probable cause and followed proper procedures. The standards are different, and the evidence that matters in one case may not matter in the other. This is why some people hire one lawyer for the ALR hearing and a different lawyer for the criminal case, or why they hire a lawyer who handles both.

How to find an ALR lawyer in Fort Worth

You can search for ALR lawyers through the State Bar of Texas lawyer referral service or through local bar associations in Tarrant County. Many criminal defense lawyers in Fort Worth handle ALR cases as part of their practice. When you call, ask whether the lawyer has handled ALR hearings before, how many, and what the outcomes were. Ask whether they will handle the ALR case separately from your criminal case or together, and what they charge.

Some lawyers charge a flat fee for an ALR hearing; others charge hourly. The cost varies depending on how much investigation is needed and whether the case goes to a full hearing or is resolved earlier. The sooner you contact a lawyer after arrest, the more time they have to prepare, and the better your chances of a favorable outcome.

Frequently Asked Questions

Can I drive at all while waiting for my ALR hearing?

You can drive on your physical license until the 40-day period ends, unless the officer took your license at arrest and you did not request a temporary permit. If you want to drive after the 40 days but before the hearing, you can request a temporary permit from the Department of Public Safety. After the hearing, if you lose, you cannot drive unless you have an occupational license.

What happens if I miss the 15-day important date to request a hearing?

The suspension becomes final, and you cannot challenge it through an ALR hearing. Your only option at that point is to request an occupational license through the district court. Some lawyers can file a late request if there is a good reason for the delay, but this is difficult and does not always work.

Do I have to testify at the ALR hearing?

You do not have to testify. Your lawyer can cross-examine the officer and challenge the evidence without you taking the stand. However, if you choose to testify, your lawyer can prepare you for questions the state will ask. Many people choose not to testify to avoid giving the state more information for the criminal case.

If I win the ALR hearing, does my license come back right away?

Yes. If the administrative law judge rules in your favor, the suspension is cancelled and your license is restored. You should receive written notice within a few days, and you can drive normally after that. The Department of Public Safety will also notify the court handling your criminal case.

Can a lawyer help me get a work permit before the ALR hearing?

Yes. A lawyer can help you request a temporary permit from the Department of Public Safety, which allows you to drive while the hearing is pending. This is separate from an occupational license and does not require a court order. The temporary permit expires once the hearing is held.