How an ALR suspension works and why you need a lawyer quickly
An Administrative License Revocation (ALR) is a civil penalty separate from any criminal DWI charge. When you are arrested for driving while intoxicated in Texas, the arresting officer can request that the Department of Public Safety suspend your license when ready — sometimes before you ever go to court. In Garland, this suspension typically takes effect 40 days after your arrest unless you request a hearing to contest it.
The clock starts the moment of arrest. You have only 15 days from the date on your arrest paperwork to request an ALR hearing, or your right to that hearing disappears and the suspension becomes automatic. A lawyer who handles ALR cases in Garland knows this important date, knows how to file the request correctly with the Texas Department of Public Safety, and knows what evidence and witnesses can actually change the outcome of the hearing.
The suspension itself is not a criminal conviction — it is an administrative action by the state. But it affects your ability to work, get to court, and maintain employment. Many people do not realize they can fight it separately from fighting the DWI charge itself.
Key Takeaways
- You have 15 days from your arrest date to request an ALR hearing, or you lose the right to contest the suspension.
- An ALR suspension is a civil penalty handled by the Department of Public Safety, not a court, and requires different evidence and strategy than a DWI criminal case.
- A Garland lawyer who handles ALR cases can challenge whether the officer had legal grounds to stop you, whether the arrest followed proper procedure, and whether the breath or blood test was reliable.
- The hearing officer who decides your case is not a judge but a state administrative law judge, and the rules of evidence are different from criminal court.
- Winning an ALR hearing does not erase a DWI charge, but it stops the license suspension and preserves your ability to drive while the criminal case is pending.
What a Garland ALR lawyer actually does at the hearing
The Department of Public Safety hearing is not a trial in front of a judge. It is a civil proceeding in front of an administrative law judge who decides whether the state had legal grounds to suspend your license. The burden of proof is lower than in criminal court — the state only has to show "preponderance of the evidence," meaning it is more likely than not that you were driving while intoxicated.
A lawyer who handles these cases in Garland will cross-examine the arresting officer about the traffic stop itself: whether there was reasonable suspicion to pull you over, whether the officer followed proper procedures during the field sobriety tests, and whether the breath or blood test was administered correctly. Many ALR hearings turn on technical violations — an officer who did not observe you for the required 15 minutes before a breath test, or who did not follow the checklist for administering a horizontal gaze nystagmus test.
Your lawyer can also present evidence about the reliability of the testing equipment, the officer's training, and any medical or physical conditions that might have affected the test results. Unlike a criminal trial, you do not have to testify at an ALR hearing if you choose not to — your lawyer can decide whether your testimony helps or hurts based on the specific facts of your case.
The difference between an ALR hearing and a DWI criminal case
Many people assume that fighting the ALR suspension and fighting the DWI charge are the same thing. They are not. The ALR is a civil case brought by the Department of Public Safety. The DWI is a criminal case brought by the Garland Police Department or the District Attorney's office. You can win one and lose the other, or lose one and win the other.
The ALR hearing happens first, usually within 60 to 90 days of your arrest. The criminal case moves on its own timeline and may take months or years to resolve. Winning the ALR hearing stops your license suspension when ready, which means you can drive legally while your criminal case is still pending. Losing the ALR hearing does not mean you will lose the criminal case — the two are decided by different decision-makers using different evidence standards.
A lawyer who handles both ALR and DWI cases in Garland can use evidence from the ALR hearing to strengthen your criminal defense, or decide strategically which case to focus resources on first. Some lawyers handle only one or the other, so it is worth asking.
What happens if you miss the 15-day important date
If you do not request an ALR hearing within 15 days of your arrest, you lose the right to that hearing. The suspension becomes final 40 days after arrest. You cannot get that hearing back by requesting it later, even if you hire a lawyer the next day.
Once the suspension is final, your only options are to wait out the suspension period (which varies based on whether you had prior DWI convictions and whether you refused the breath or blood test) or to request an occupational license from the court handling your criminal case. An occupational license lets you drive to work, school, medical appointments, and court, but not for other purposes. A lawyer can help you request an occupational license, but that is a different process and requires a different showing to the judge.
If you are reading this after the 15-day window has closed, do not assume your options are gone — talk to a lawyer about the occupational license route and about what happens next in your criminal case.
How to find a Garland lawyer who handles ALR cases
Not every criminal defense lawyer handles ALR hearings. Some focus only on the criminal case and refer ALR work to other lawyers. Some have never done an ALR hearing at all. When you call a law office in Garland, ask directly: "Do you handle ALR hearings, and how many have you done in the past year?"
Look for a lawyer who knows the specific hearing officers at the Department of Public Safety office that will hear your case, who understands the technical requirements for breath and blood testing in Texas, and who has cross-examined arresting officers in ALR hearings before. Experience matters because the hearing officer sees the same officers repeatedly and knows which ones are credible and which ones cut corners.
Many lawyers offer a free consultation to discuss your case. Use that time to ask about their ALR experience, their strategy for your specific facts, and what they think the realistic outcome is. A lawyer who tells you that you will definitely win is not being honest — ALR hearings are winnable but not may provide.
The cost of hiring a lawyer versus the cost of losing your license
ALR cases in Garland typically cost between a few hundred dollars and several thousand dollars, depending on the complexity of the case and whether the lawyer needs to hire an informed to challenge the breath or blood test. Some lawyers charge a flat fee for an ALR hearing; others charge hourly. Ask about the fee structure upfront.
Losing the ALR hearing and having your license suspended costs you in ways that are harder to measure: lost work time, inability to get to court, higher insurance rates after the suspension ends, and the stress of depending on others for transportation. If you can afford a lawyer, the cost of hiring one is usually much lower than the cost of losing the case.
Some lawyers will handle both the ALR case and the criminal DWI case together at a package rate. Others will handle only the ALR and let you hire a different lawyer for the criminal case. Both approaches can work — what matters is that you have someone fighting the ALR suspension within the 15-day window.
What to bring and what to expect at your ALR hearing
Your lawyer will tell you what documents to gather: your arrest paperwork, any medical records that might be relevant, witness contact information, and anything else that supports your case. You will need to bring a valid ID to the hearing itself.
The hearing is usually held at a Department of Public Safety office or a hearing officer's office in the Garland area. It is not open to the public. The state will present the arresting officer's testimony and any evidence from the arrest (dashcam video, breath test records, blood test results). Your lawyer will cross-examine that evidence and present your defense. The hearing usually lasts between one and three hours.
After the hearing, the administrative law judge will issue a written decision, usually within 30 days. If you lose, you can appeal to district court in Garland, but that is a separate process with its own important date and requirements. Your lawyer can advise you on whether an appeal makes sense in your case.
Frequently Asked Questions
Can I drive at all while my ALR case is pending?
Not with a regular license. Once the suspension takes effect (40 days after arrest), you cannot drive unless you have an occupational license from the court. Your lawyer can help you request one from the judge handling your criminal case, but that requires a separate hearing and a showing that you need to drive for work, school, or medical reasons.
What if the officer did not read me my rights before asking me to take the breath test?
Miranda rights explore to criminal interrogation, not to the breath test itself. The state does not have to read you your rights before asking you to blow into a breathalyzer. However, if the officer asked you questions about drinking or driving and used your answers against you, your lawyer can challenge that in the criminal case. The ALR hearing focuses on whether the test was valid, not on whether you were warned.
If I win the ALR hearing, does that mean the DWI charge goes away?
No. Winning the ALR hearing stops the license suspension, but it does not affect the criminal DWI case. The District Attorney can still prosecute you for DWI. However, evidence that helps you win the ALR hearing — like problems with the breath test or the traffic stop — can also help your criminal defense lawyer in the DWI case.
How long does an ALR case take from start to finish?
The hearing usually happens 60 to 90 days after your arrest. The hearing officer issues a decision within 30 days of the hearing. If you lose and appeal to district court, that process can take several more months. Your lawyer can give you a more specific timeline based on the current court schedule in Garland.
What if I refused the breath or blood test?
A refusal makes the ALR case harder but not impossible to win. The state can still suspend your license based on the officer's observations and the arrest itself, even without a test result. Your lawyer will focus on challenging whether the officer had legal grounds for the stop and arrest. The refusal itself can be used against you in the criminal case, so this is an area where ALR strategy and criminal strategy need to work together.