You need to know that your license has not been suspended at the time of arrest. Since the police took your license, it appears that it has been suspended, but it is not. However, to avoid suspension, you must request a Administrative License Revocation (ALR) hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). If you timely requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. If your license is suspended at the hearing, you may be able to secure restricted license, known as an occupational license to drive legally.
The Driver is asked to take a breath or blood test to measure his/her blood alcohol concentration (BAC) level.
The driver is served a “notice of suspension” that his/her driver license will be suspended because of a refusal to take or failure of the field sobriety test. The individual then has 15 days from the date the suspension notice is served to “request an ALR hearing.”
The notice of suspension doubles as your “temporary driving permit.” It is marked “DIC-25”and written in the upper right-hand corner. The bottom of your notice explains how to request an ALR hearing.
If a hearing is not requested, the suspension goes into effect on the 40th day after the notice was served. (This is usually 40 days after the arrest.)
You or your lawyer may request an ALR hearing by calling 800-394-9913 or 512-424-2600 on weekdays during normal business hours. You may also send your request via fax at 512-424-2650. The easiest way to request a hearing is to take advantage of our FREE ALR Request. To do so, complete our FREE evaluation form to provide us with the information we need to make the request for you.
In addition to requesting a hearing, your DWI defense attorney may request ALR "discovery" from the Texas Department of Public Safety. Documents obtained through the discovery process - such as peace officer sworn reports, statutory warning forms and breath test slips - will often assist your DWI defense attorney in successfully defending your DWI case.
Name, driver’s license number, date of your arrest, county of your arrest, the police agency that arrested you, plus certain other information that the clerk may require. After you have hired a lawyer, make sure that he or she knows that you have requested an ALR hearing.