You can request an Administrative License Revocation (ALR) hearing within 15 days of your suspension notice
When the Texas Department of Public Safety (DPS) suspends your license, you have a narrow window to challenge it. The Administrative License Revocation (ALR) hearing is your chance to present your side before an administrative law judge — not a criminal court. You must request this hearing within 15 days of the date on your suspension notice, or you lose the right to contest it. The clock starts the day you receive the notice, not the day the suspension takes effect.
The hearing itself does not happen in a courtroom. It takes place before a hearing officer employed by the Texas Department of Public Safety, and the rules are different from criminal court. The state does not have to prove guilt beyond a reasonable doubt. Instead, the hearing officer decides whether the suspension was lawful based on what happened during your traffic stop or arrest. You can present evidence, call witnesses, and cross-examine the officer who stopped you — but you have to know how to ask for it and what to bring.
Key Takeaways
- You must request your ALR hearing in writing within 15 days of your suspension notice, or the suspension becomes permanent and you cannot challenge it later.
- Send your written request to the Texas DPS Driver License Division at the address on your notice; email and phone calls do not count as formal requests.
- The hearing officer will examine whether the officer had legal grounds to stop you, whether you were lawfully arrested, and whether the breath or blood test was conducted correctly.
- You can represent yourself, hire a lawyer, or bring a witness to testify, but you must tell DPS in advance if you plan to have a lawyer or bring witnesses.
- If you lose the ALR hearing, your suspension stands, but you can still fight the criminal charges in court separately.
The 15-day important date and how to count it
The 15-day window is absolute. Missing it means your suspension becomes final, and you cannot request a hearing later. The clock starts on the date printed on your suspension notice — typically the date you received it or the date the officer handed it to you. If you received the notice by mail, count 15 days from the postmark date or the date you actually received it, whichever is earlier.
Weekends and holidays do not extend the important date. If day 15 falls on a Saturday, Sunday, or state holiday, your request must arrive by the last business day before that date. The safest approach is to send your request at least two business days early. If you are mailing it, use certified mail with return receipt so you have proof of when DPS received it. If you hand-deliver it, ask for a stamped receipt showing the date and time.
Where to send your written request
Your suspension notice includes the mailing address for the Texas DPS Driver License Division. This is the only address that counts. Do not send your request to a local DPS office, a police department, or the courthouse — it will not reach the right department and will not stop the clock. The notice will say something like "Mail to: Texas Department of Public Safety, Driver License Division, P.O. Box [number], Austin, TX 78779" or provide a street address for hand delivery.
Your written request does not have to be formal or lengthy. A straightforward letter stating your name, driver's license number, the date of your suspension notice, and a request for an ALR hearing is enough. Include your current mailing address and phone number so DPS can contact you about the hearing date. Sign and date the letter. Keep a copy for your records. If you use certified mail, keep the receipt and the return card showing when DPS signed for it.
What the hearing officer will examine
The ALR hearing focuses on three specific questions: whether the officer had legal grounds to stop your vehicle, whether you were lawfully arrested, and whether the breath or blood test was conducted according to Texas rules. The hearing officer is not deciding whether you are guilty of driving while intoxicated — that is a separate criminal case. The ALR hearing is only about whether the suspension itself was lawful.
The state will present evidence through the officer who stopped you or arrested you, or through a breath test technician if a breath test was involved. You can cross-examine these witnesses and challenge their testimony. You can also present your own evidence — for example, dash camera video, witness statements, or medical records showing a condition that might affect a breath test result. The hearing officer will decide based on what is presented at the hearing, not on what happened in your criminal case.
Representing yourself versus hiring a lawyer
You have the right to represent yourself at an ALR hearing. Many people do. You do not need a law degree to ask questions or present evidence. However, if you plan to have a lawyer represent you, you must notify DPS in writing before the hearing. Include your lawyer's name, bar number, and contact information in a separate letter sent to the same address as your hearing request, or include it in the same letter.
If you want to bring witnesses to testify on your behalf — for example, a passenger who was in the car or a medical professional who can explain a condition affecting the test — you must also notify DPS in advance. Tell them the witness's name, what they will testify about, and whether they will appear in person or by phone. DPS may object to certain witnesses, but you have the right to request that they be allowed to testify.
What happens after you request the hearing
After DPS receives your written request, they will send you a notice of hearing that includes the date, time, and location. This usually arrives within two to four weeks. The hearing will take place at a DPS office or a hearing officer's office, typically in the county where you were stopped. Some hearings can be conducted by phone or video conference if you request it in writing and DPS agrees.
Before the hearing date, DPS will send you a copy of the police report, the officer's notes, and any test results. Review these carefully and look for errors or inconsistencies. If you plan to challenge the breath test, you may want to request the maintenance records for the breath testing machine — these show whether it was properly calibrated and serviced. You can request these records in writing before the hearing.
The difference between an ALR hearing and your criminal case
An ALR hearing and a criminal DWI case are completely separate. Losing the ALR hearing does not mean you will lose your criminal case, and winning the ALR hearing does not mean the criminal charges will be dropped. The suspension can take effect even if you are found not guilty in criminal court, and you can be acquitted in criminal court but still lose your license in the ALR hearing.
However, what happens at the ALR hearing can help your criminal defense. If the hearing officer finds that the officer did not have legal grounds to stop you, that finding can be used in your criminal case to argue that the stop was unlawful. If the hearing officer finds problems with the breath test, that can also support your criminal defense. Many people request the ALR hearing partly to gather information and testimony that will help them in criminal court.
What to bring and how to prepare
Bring your suspension notice, your driver's license, and any documents that support your case. This might include medical records, prescription bottles, or witness contact information. Bring the certified mail receipt showing when DPS received your hearing request. If you have any video or photos from the day of the stop, bring those too. Bring a notebook to take notes during the hearing.
Prepare a list of questions you want to ask the officer or the breath test technician. Focus on the facts: Where exactly did the officer see you? What specific driving behavior made them stop you? How did they conduct the breath test? When was the machine last serviced? Write these questions down before the hearing so you do not forget them under pressure. If you are nervous about speaking in front of the hearing officer, practice asking these questions out loud beforehand.
Frequently Asked Questions
What if I miss the 15-day important date?
Once the 15 days pass, you cannot request an ALR hearing. Your suspension becomes permanent. You can still fight the criminal charges in court, but you cannot challenge the suspension itself through this process. Your only option at that point is to wait out the suspension period and then reapply for your license.
Can I request the hearing by phone or email?
No. DPS requires a written request. Phone calls and emails do not count. You must send a letter by mail (certified mail is safest) or hand-deliver it to the address on your suspension notice. Keep proof that DPS received it.
Do I have to go to the hearing in person?
You can request a phone or video hearing in writing, and DPS may grant it. However, if you want to cross-examine the officer or present witnesses in person, an in-person hearing is usually more effective. Ask DPS about your options when you request the hearing.
If I win the ALR hearing, does that mean the criminal charges are dropped?
No. Winning the ALR hearing means your license suspension is lifted, but it does not affect the criminal case. You can still be charged with DWI in court. However, the hearing officer's findings can help your criminal defense lawyer argue that the stop or arrest was unlawful.
Can I get my license back before the hearing?
Not through the ALR process. However, you may be able to get an occupational license, which allows you to drive for work, school, or medical reasons during the suspension. You would request that through the court handling your criminal case, not through DPS.