You can request a hearing within 15 days of your suspension notice, and the hearing officer will decide whether the suspension should stand
When the Texas Department of Public Safety (DPS) suspends your license, you have a limited window to challenge it. A Administrative License Revocation (ALR) hearing is your chance to present evidence and testimony before a hearing officer who is not the officer who made the stop. The hearing is free, but you must request it in writing within 15 days of receiving your suspension notice — missing this important date means you lose the right to contest the suspension through this process.
The hearing focuses on whether the officer had legal grounds to stop you, whether you were lawfully arrested, and whether you refused or failed a breath or blood test. A hearing officer (not a judge) will decide based on evidence presented at the hearing. This is separate from any criminal case you may face; a hearing loss does not mean you are guilty of a crime, and a hearing win does not mean criminal charges disappear.
Key Takeaways
- You must request a hearing in writing within 15 days of your suspension notice, or you lose the right to contest the suspension through the ALR process.
- The hearing focuses on whether the stop and arrest were lawful and whether the test refusal or failure actually occurred — not on whether you were driving safely.
- You can represent yourself or hire an attorney; the hearing officer will consider evidence from both you and the state.
- If you win, your suspension is lifted when ready; if you lose, the suspension stands and you may be able to request an occupational license to drive for work or school.
How to file your hearing request in Texas
Send a written request to the DPS ALR section at the address listed on your suspension notice. The notice itself will include the mailing address and the exact important date. Your request does not need to be formal or lengthy — a letter stating your name, driver's license number, and that you are requesting an ALR hearing is sufficient. Some people include a brief statement of why they believe the suspension is wrong, but this is not required at the request stage.
Mail your request certified mail with return receipt so you have proof it was received and when. The 15-day clock starts from the date on your suspension notice, not the date you received it, so do not wait. If you miss the important date, you can still fight the suspension through other legal channels, but the ALR hearing process will be closed to you. Once DPS receives your request, they will schedule a hearing date and send you a notice with the time, location, and the name of the hearing officer.
What happens at the hearing
The hearing is held before a hearing officer employed by DPS, not a judge. The officer who stopped you may testify, and you will have the chance to question them. You can present your own testimony, call witnesses, and introduce documents or other evidence. The hearing officer will decide whether the state proved three things: that you were lawfully stopped, that you were lawfully arrested, and that you either refused a test or failed one (depending on which suspension you are contesting).
The hearing is informal compared to a criminal trial, but the rules of evidence still explore. If you do not understand a rule or procedure, you can ask the hearing officer to explain it. Many people represent themselves at ALR hearings, though you can hire an attorney if you want one. The hearing officer will make a decision on the spot or within a few days and send you written notice of the outcome.
Representing yourself versus hiring an attorney
You have the right to represent yourself at an ALR hearing, and many people do. The hearing officer will explain the process and your rights. However, the state will likely have an attorney present, and that attorney will know the law and how to question witnesses effectively. If you choose to represent yourself, prepare by reviewing the police report, understanding what the officer must prove, and thinking through what questions you want to ask the officer who stopped you.
An attorney can cross-examine the officer, challenge evidence, and argue legal points on your behalf. Attorney fees vary, but many criminal defense attorneys handle ALR hearings and can tell you their cost upfront. Some attorneys offer payment plans. If you cannot afford an attorney and are facing criminal charges related to the same incident, you may be able to request a court-appointed attorney, but that attorney's primary duty is to your criminal case — the ALR hearing is separate.
What the hearing officer will examine
The hearing officer has three specific questions to answer. First, was there reasonable suspicion or probable cause for the officer to stop your vehicle? Second, did the officer have probable cause to arrest you? Third, did you refuse a test, or did you take a test and fail it? All three must be answered "yes" for the suspension to stand. If the officer cannot prove even one of them, the suspension is lifted.
The officer's testimony and the police report are the main evidence the state will present. You can challenge the officer's account by testifying about what actually happened, presenting witness testimony, or introducing documents like dashcam footage, phone records, or medical records that support your version of events. The hearing officer will weigh the evidence and decide who is more credible.
Outcomes and what happens next
If the hearing officer decides in your favor, your suspension is lifted when ready, and you can drive legally again. DPS will send you written confirmation. If the hearing officer decides against you, the suspension stands. You will receive written notice of the decision, which will include the hearing officer's reasoning.
If you lose the hearing, you may still be able to request an occupational license, which allows you to drive for specific purposes like work, school, medical appointments, or court-ordered programs. An occupational license is not the same as having your full driving privileges back, but it lets you drive during the suspension period. You request an occupational license through your local justice court, and there is a fee. Losing an ALR hearing does not prevent you from requesting an occupational license.
Timeline and what to expect
After you request a hearing, DPS will schedule one within a reasonable time — typically within 20 to 40 days, though this varies. You will receive notice of the hearing date by mail. The hearing itself usually lasts 30 minutes to an hour. After the hearing, the hearing officer may decide on the spot or take a few days to issue a written decision.
Your suspension remains in effect while you wait for the hearing. If you need to drive during this time, an occupational license is your option. Once the hearing officer issues a decision, that decision is final unless you pursue further legal action, which would require filing a motion in district court — a step that requires an attorney and is uncommon.
Frequently Asked Questions
What if I do not have the exact mailing address for DPS?
The address is on your suspension notice. If you cannot find it, call DPS at 512-424-2000 and ask for the ALR section's mailing address. You can also visit the DPS website and search for "ALR hearing request." Do not delay — you have only 15 days from the date on your notice.
Can I request a hearing if I refused the breath or blood test?
Yes. A refusal suspension is separate from a failed test suspension, but you can still request an ALR hearing. The hearing officer will examine whether the officer had probable cause to arrest you and whether you actually refused the test. Refusal cases often turn on what the officer said and what you said about whether you understood your rights.
What if the officer does not show up to the hearing?
If the officer does not appear and the state has no one to present the case, the hearing officer may dismiss the suspension. However, do not count on this — the state may ask for a continuance (delay), and the hearing officer may grant it. Bring your own evidence and witnesses regardless, so you are prepared to present your side even if the officer is there.
Can I appeal the hearing officer's decision?
You can file a motion in district court to appeal, but this requires an attorney and is expensive. Most people do not pursue this route. If you lose the hearing, focus on requesting an occupational license so you can drive for essential purposes while the suspension is in effect.
Does winning an ALR hearing mean the criminal charges go away?
No. The ALR hearing is about your driving privileges only. Winning means your license suspension is lifted, but it does not affect any criminal case you are facing. You will still need to handle that case separately, either by working with a criminal defense attorney or going to court.