An ALR hearing lawyer Austin drivers contact in the first two weeks after a DWI arrest is working against a deadline the criminal court never mentions. The arresting officer hands the driver a notice of suspension at the roadside or the jail. From that moment, the driver has 15 days to ask for a hearing. Miss the window and the license goes down on the 40th day, no matter how the criminal case turns out. Texas calls this administrative license revocation, and it runs through the Department of Public Safety and the State Office of Administrative Hearings, not the Travis County courts. It is a civil case with its own rules, and most drivers lose it by default.
Two Chapters, Two Suspensions
The suspension comes from one of two chapters of the Transportation Code. Chapter 524 covers a driver who took the test and produced a result of 0.08 or more. Section 524.022 sets that suspension at 90 days for a driver with no alcohol-related or drug-related enforcement contact in the prior ten years. With such a contact, it becomes one year. Chapter 724 covers a driver who refused. Section 724.035 sets that suspension at 180 days, or two years with a prior contact. Either way, the department treats the suspension as final unless the driver requests a hearing in time.
The 15-Day Clock an ALR Hearing Lawyer Austin Drivers Hire Watches
Section 524.031 and Section 724.041 both give the driver 15 days from receiving the notice to request a hearing. The request must reach the department at its Austin headquarters in writing, by fax, or through the method the department prescribes online. A timely request does two things. First, under Section 524.032 and Section 724.041, it stays the suspension until the administrative law judge issues a final decision. The driver keeps driving in the meantime. Second, it forces the department to prove its case. Without a request, nothing is proven and the suspension simply takes effect on the 40th day under Section 524.021. In Austin, that day usually lands before the first setting in the County Courts at Law.
The Issues an ALR Hearing Lawyer Austin Drivers Hire Will Contest
The hearing is narrow. In a failed-test case, Section 524.035 puts two issues before the judge. The department must prove by a preponderance of the evidence that the driver had a concentration of 0.08 or more. It must show that was while operating a vehicle in a public place. It must also prove that reasonable suspicion supported the stop or probable cause supported the arrest. In a refusal case, Section 724.042 lists four issues: reasonable suspicion or probable cause for the stop or arrest, probable cause to believe the driver was intoxicated, an actual arrest with a request for a specimen, and an actual refusal. If the department fails on any listed issue, the judge reinstates the license. The driver’s guilt or innocence on the DWI charge is not one of the issues.
Why the Hearing Matters Beyond the License
The record from an ALR hearing is often the first sworn account of the stop. The department usually relies on the officer’s written report, and the driver may subpoena the officer to testify. That testimony comes before the criminal case has developed. It locks in the officer’s account of the driving, the odor, the field sobriety tests, and the timing. Inconsistencies between that account and the body-camera video become material for the criminal defense. So even a losing hearing can produce a transcript that changes the plea negotiations. Treating the hearing as a formality gives that up. Arizona runs a similar administrative process, as our guide to DUI license suspension in Arizona explains, with the same lesson.
Appeals and the Occupational License
A driver who loses the hearing has 30 days under Section 524.041 to petition a county court at law in Travis County for review on the record. Section 524.042 allows a stay of the suspension during that appeal only for a driver with no alcohol-related contact in the prior five years, and only for 90 days. For most drivers, the practical next step is an occupational license. Section 521.242 lets a driver with an administrative suspension petition for one to get to work, school, or essential errands. If the driver is already under an interlock order or the suspension followed a DWI conviction, Section 521.246 requires the occupational license to carry an interlock restriction.
What an ALR Hearing Lawyer Austin Drivers Retain Cannot Change
Some facts are fixed. The department’s burden is a preponderance, not proof beyond a reasonable doubt. An administrative law judge, not a jury, hears the case. Section 724.048 provides one back door. If the criminal charge from the same arrest ends in an acquittal, the department may not impose a refusal suspension. It must rescind one already imposed. A dismissal is not an acquittal, so that provision helps fewer drivers than it appears to. Similarly, a successful deferred adjudication does not undo the administrative suspension. The two cases run in parallel, and winning one does not win the other.
The Bottom Line
The ALR case is the one most Austin drivers lose without a fight, because the deadline passes while they are still thinking about the criminal charge. A timely request keeps the license active and forces the department to prove the stop and the result. It also produces a sworn record before the criminal case has hardened. An ALR hearing lawyer Austin drivers hire in that first window is buying a hearing that cannot be bought later. Winning depends on the officer’s report and the video, but no one wins a hearing that was never requested.
Frequently asked questions
Fifteen days from receiving the notice of suspension, under Sections 524.031 and 724.041. A timely request stays the suspension until the administrative law judge rules.
In a failed-test case, Section 524.035 requires proof by a preponderance that the driver had a concentration of 0.08 or more while driving and that the stop or arrest was supported by reasonable suspicion or probable cause. Refusal cases add proof of an arrest, a request, and an actual refusal under Section 724.042.
Only an acquittal does. Section 724.048 bars a refusal suspension after an acquittal on the same arrest, but a dismissal or a completed deferred adjudication does not undo the administrative suspension.
Yes. Section 524.041 allows a petition to a county court at law within 30 days, reviewed on the record, and Section 524.042 permits a stay of up to 90 days only for drivers with no alcohol-related contact in the prior five years.
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This article is for general informational purposes only and does not constitute legal advice. Administrative license revocation deadlines and outcomes depend on the notice date, the officer’s report, and the evidence at the hearing. Nothing here predicts the result of any hearing.
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