Administrative License Revocation

After a DWI, the Administrative License Revocation (ALR) Program is a civil administrative process unrelated to criminal court proceedings. The ALR Program applies to individuals arrested for:

  • Driving While Intoxicated (DWI);
  • Boating While Intoxicated (BWI); or
  • Driving Under the Influence (DUI) as a minor.

The program applies if you refused to take a breath or blood test after a DWI arrest or failed the test.

The length of the driver license suspension that can vary from ninety (90) days to two (2) years. The refusal to submit to a breath test or a blood test can also result in an automatic twelve (12) month disqualification for individuals with a commercial driver license.

Attorney for the ALS Hearing in Tarrant County, TX

An attorney can help you decide whether you should request a hearing for an administrative license revocation (ALR) to contest the suspension of their driver license. If the request is submitted within the required 15 days after the arrest (or when the notice of the suspension is served), the DPS will send a letter to the individual to the address on record.

Do not wait until it is too late, if you request the hearing after the 15-day deadline, then the request will be denied.

The letter will provide the date, time and location of the hearing. In Tarrant County, hearings are held in the Administrative Judicial Region 8. It can take up to 120 days for the hearing to be scheduled.

The State Office of Administrative Hearings conducts the hearings. At the hearing, the Administrative Law Judge (ALJ) will listen to the evidence presented from each side. After the hearing, the ALJ will issue a final, appealable decision and order that will be served on all parties.

If the ALJ finds that DPS has proven its case, the ALJ’s order will authorize a suspension of the individual’s driver license. If the ALJ finds that DPS has not proven its case, then the individual’s driver license will not be suspended.


The ALR Process after a Tarrant County DWI Arrest

During a DWI investigation, if the DWI enforcement officer has reason to believe the driver is impaired by drugs or alcohol, then the officer will request that the driver submit to a series of field sobriety exercises.

If the driver performs poorly on the field sobriety exercises, then the driver can be arrested for DWI or BWI if the officer has probable cause that the person was operating the motor vehicle or boat while under the influence of drugs or alcohol. The DWI enforcement officer will then usually ask the driver to submit to either a breath or blood test to measure the blood alcohol concentration (BAC).

If the driver refuses to submit to a lawfully requested test of the breath or blood, then the driver's license can be administratively suspended. The license can also be administratively suspended if the driver submits to the breath or blood test and the alcohol concentration is at or over the legal limit of .08. After the notice of suspension is served on the driver, the driver has 15 days to request a hearing.

If the hearing is not requested, then the driver's license suspension goes into effect on the 40th day after the notice was served. In most cases, this means that the suspension normally begins 40 days after the DWI arrest.

The 40 days can be retroactive or back-dated from the date of the notice if the notice was not properly served. 

After the arresting officer triggers the administrative suspension, the officer will take the driver's license and issue a temporary driving permit. After the suspension, the driver can pay a $125 reinstatement fee for a renewal or the issuance of a driver license.


Hearings for Administrative License Revocation (ALR)

After the administrative hearing process that upholds the suspension of your driver license, you may be eligible to appeal that final decision. Under §159.3 of the rules of procedure for ALS hearings, the final decision is a decision issued by a judge who hears the contested case or another judge who reviewed the record in its entirety and who is authorized under appropriate law to issue final decisions in an ALR case.

Different lengths of suspension can apply to adults and minors under the age of 21 years old. Additionally, a commercial driver or a hold of a commercial driver's license (CDL) can be subjected to a period of disqualification for certain allegations that are alcohol or drug related. 


Rules of Procedure for ALR Hearings in Tarrant County

The rules of procedure of the administrative license hearings are found in Title 1, Part 7, Chapter 159, which were last updated in January of 2017.  The ALR suspension means an administrative driver's license disqualification, suspension, or denial under the ALR Program after an alcohol-related or drug-related enforcement contact as defined in Texas Transportation Code §524.001. 

The rules apply to contested hearings before SOAH concerning administrative suspension, denial, or disqualification of drivers' licenses under the Administrative License Revocation (ALR) Program governed by Texas Transportation Code, Chapters 522, 524, and 724. The term “contested case” means a proceeding brought under Texas Transportation Code, Chapter 522, Subchapter I; Chapter 524, Subchapter D; or Chapter 724, Subchapter D.

The regulations provide for certain procedural safeguards to ensure the fair and expeditious determination of the case. The rules supplement the procedures provide in the Texas Government Code in Chapter 2001.


Obtaining the Occupational License in Tarrant County, TX

You might be eligible to apply for an occupational license after your driver license is suspended or revoked because of an administrative suspension.


Statutory Warnings after a DUI Arrest

The following statutory warning is contained in the DIC-24 form last revised in September of 2011. The officer must file out information about the case including the driver's license number, date, time and county of arrest. and subject's name.

You are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code. You will be asked to give a specimen of your breath and/or blood. The specimen will be analyzed to determine the alcohol concentration or the presence of a controlled substance, drug, dangerous drug or other substance in your body.

If you refuse to give the specimen, that refusal may be admissible in a subsequent prosecution. Your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 180 days, whether or not you are subsequently prosecuted for this offense.

If you refuse to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from you.

If you are 21 years of age or older and submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of 0.08 or more, your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 90 days, whether or not you are subsequently prosecuted for this offense.

If you are younger than 21 years of age and have any detectable amount of alcohol in your system, your license, permit or privilege to operate a motor vehicle will be suspended or denied for not less than 60 days. However, if you submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of less than 0.08, you may be subject to criminal penalties less severe than those provided for under Chapter 49, Penal Code.

If you were operating a motor vehicle and you refuse to give the specimen or provide a specimen that shows you have an alcohol concentration of 0.08 or more, you may be disqualified from driving a commercial motor vehicle for a period of not less than one year.

You may request a hearing on the suspension or denial. This request must be received by the Texas Department of Public Safety at its headquarters in Austin, Texas, no later than 15 days after you receive or are presumed to have received notice of suspension or denial. The request can be made by written demand, fax, or other form prescribed by the Department.

I certify that I have informed you both orally and in writing of the consequences of refusing to submit to the taking of a specimen or providing a specimen. I have provided you with a complete and true copy of this statutory warning.

I am now requesting a specimen of your Breath Blood

  • Subject refused to allow the taking of a specimen and further refused to sign below as requested by this officer. OR
  • Subject refused to allow the taking of a specimen as evidenced by his/her signature below.

___________________________

Subject’s Signature

I further certify that because you are a child as defined in Section 51.02, Family Code, the above request for a specimen and your response have been videotaped.

Officer’s Signature Officer’s Printed Name Agency
Telephone No.

DPS Copy—White

Driver’s Copy—Yellow


Form for the Notice of Suspension and Temporary Driving Permit

The form for the notice of suspension and temporary driving permit is contained in a form marked as the DIC-25 which is last revised on October of 2009.

YOUR LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE OR WATERCRAFT WILL BE SUSPENDED OR DENIED EFFECTIVE 40 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE BECAUSE YOU:

ADULT:

REFUSED to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.

PROVIDED a specimen of breath or blood, and an analysis of the specimen showed an alcohol concentration of .08 or greater following an arrest for an offense involving the operation of a motor vehicle or watercraft.

MINOR (Under 21):

REFUSED to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance.

PROVIDED a specimen of breath or blood, and an analysis of the specimen showed either an alcohol concentration of .08 or greater or a detectable amount of alcohol following an arrest for an offense involving the operation of a motor vehicle or watercraft.

WERE NOT REQUESTED TO SUBMIT to the taking of a specimen following an arrest involving the operation of a motor vehicle or watercraft, as the presence of alcohol was detected or measured by other means.

If your Texas driver license was confiscated, this document will serve as your temporary driving permit. It is subject to the same restrictions and endorsements as your Texas driver license. If you hold a commercial driver license, this permit authorizes the operation of commercial motor vehicles. This permit does not provide you with any driving privileges if you do not have a Texas driver license or if your Texas driver license is expired, suspended, revoked, canceled, or disqualified. This permit is valid for 40 days from the date of service shown below. If you request a hearing, this permit will remain in effect until the administrative law judge makes a final decision in your case.

Driver License Confiscated:

Date Notice Served:

Officer’s Signature Officer’s Printed Name Agency
Telephone No.

Yes No

If no, explain

FOR DEPARTMENT USE ONLY

DRIVER INFORMATION

You may request a hearing to contest the suspension by calling (800) 394-9913, faxing (512) 424-2650 or writing the Texas Department of Public Safety, Driver Improvement Bureau, at PO Box 4040, Austin, Texas 78765-4040. All correspondence must include the following information: Full name, date of birth, driver license number and state, current mailing address, home and daytime telephone numbers, date and county of arrest, arresting agency, arresting officer, whether the test was failed, refused or not requested, and such other information as requested by the Department. Please specify if you wish to have your hearing by telephone or in person. The request for hearing must be received by the Texas Department of Public Safety no later than 15 days after you receive or are presumed to have received notice of suspension. Failure to request a hearing within this time is a waiver of your right to a hearing. You will be notified of the date, time, and location of your hearing. You will be required to pay a $125 reinstatement fee to the Texas Department of Public Safety, Driver Improvement Bureau, PO Box 15999, Austin, Texas 78761-5999, in addition to any other fees required by law. See reverse side for periods of suspension and statutory references. DPS Copy—White Driver’s Copy—Yellow

ADULTS:

PERIODS OF SUSPENSION

Refused to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance (Tex. Transp. Code Ann. Ch. 724):

  • 180 DAYS for a First Offense;
  • 2 YEARS if previously suspended for failing or refusing a breath or blood test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

Provided a specimen of breath or blood with an alcohol concentration of 0.08 or greater following an arrest for an offense under Section 49.04, 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle or watercraft (Tex. Transp. Code Ann. Ch. 524):

  • 90 DAYS for a First Offense;
  • 1 YEAR if previously suspended for failing or refusing a breath or blood test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

MINORS (UNDER 21 YEARS OF AGE):

Refused to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol or while under the influence of a controlled substance (Tex. Transp. Code Ann. Ch. 724):

  • 180 DAYS for a First Offense;
  • 2 YEARS if previously suspended for failing or refusing a breath or blood test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

Provided a specimen of breath or blood with an alcohol concentration of 0.08 or greater or a detectable amount of alcohol following an arrest for an offense under Section 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle or watercraft (Tex. Transp. Code Ann. Ch. 524):

  • 60 DAYS
  • 120 DAYS
  • 180 DAYS

First Offense

If previously convicted of an offense under Sections 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle or watercraft.

If previously convicted twice or more of an offense under Sections 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle or watercraft.

COMMERCIAL DRIVER LICENSE (CDL) HOLDERS:

Pursuant to Tex. Transp. Code Ann. Chapter 522, your commercial driving privilege will be disqualified for one year (three years if transporting hazardous material required to be placarded) if you refused to submit to a test under Chapter 724 to determine your alcohol concentration or the presence in your body of a controlled substance or drug while operating a motor vehicle in a public place; or if an analysis of your breath or blood under Chapter 524 determines that you had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place.

DRIVER LICENSE REINSTATEMENT FORM

You are required to pay a $125 fee to reinstate your driver license. Payment must be made in the form of a cashier’s check or money order made payable to the Texas Department of Public Safety. Please complete this form and return it, along with your reinstatement fee, to the Texas Department of Public Safety at the following address:

DRIVER IMPROVEMENT BUREAU

PO BOX 15999

AUSTIN TX 78761-5999

  1. Subpoena request filed with judge.

    1. (1)  Not later than ten days prior to the hearing, a party may file a subpoena request with SOAH that demonstrates good cause to compel a witness’s appearance in person or by telephone or video conference, when:

      1. (A)  a party intends to call more than two peace officers to testify as witnesses;

      2. (B)  a party seeks to compel the presence of witnesses who are not peace officers;

      3. (C)  a party seeks to compel the presence of the breath test operator or technical supervisor and, by affidavit based on personal knowledge, has established a genuine issue concerning the validity of the breath test that requires the appearance of the witness to resolve; or

      4. (D)  a defendant, who is not represented by an attorney, seeks to compel the presence of witnesses.

    2. (2)  A request for subpoena that is not granted prior to the hearing may be re-urged at the hearing. If the judge grants the request for a subpoena at the hearing, the hearing shall reconvene at a later date for the appearance of the witness.

  2. (d)  Judge’s discretion. The decision to issue a subpoena, as described in subsection (c) of this section, shall be in the sound discretion of the judge assigned to the case. The judge shall refuse to issue a subpoena if:

    1. (1)  the testimony or documentary evidence is immaterial, irrelevant, or would be unduly repetitious; or

    2. (2)  good cause has not been demonstrated.

____________________________________________________________________________________________

Obtaining a Subpoena for an ALR Hearings

Under §159.103, the new rules for the issuance and service of subpoenas became effective on January 1, 2017. Under the rules, a party that issues or is granted a subpoena shall be responsible for having the subpoena served.

The subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party to the case and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness’s attorney. A subpoena may also be served by accepted alternative methods established by a peace officer’s law enforcement agency.

A subpoena must be served at least five days before the hearing.

After a subpoena is served upon a witness, the return of service of the subpoena must be filed at SOAH at least three days prior to the hearing. Upon the subpoenaed witness’s appearance at the hearing, the party that issued the subpoena shall tender a witness fee check or money order in the amount of $10 to the witness. In addition, if the witness traveled more than 25 miles round-trip to the hearing from the witness’s office or residence, mileage reimbursement must also be tendered at the same time.

If the ALR hearing is conducted telephonically, the party that issued the subpoena shall mail the witness fee check or money order to the witness within one day of the conclusion of the hearing unless the witness fails to appear at the hearing.

Also within one day of the conclusion of the hearing, the party shall forward to SOAH a certification that the witness fee or money order was mailed to the witness. A copy of the certification must be sent to the opposing party at the time it is filed at SOAH.

If a party that served a subpoena on a witness fails to appear at a hearing, that party shall mail the witness fee check or money order to the witness within one day from receipt of a default decision or any other order issued by the judge ordering payment of the fee and mileage reimbursement. Also within one day from receipt of the judge’s order, the party shall forward to SOAH a certification that the witness fee or money order was mailed to the witness. A copy of the certification must be sent to the opposing party at the time it is filed at SOAH.

The party requesting a subpoena duces tecum may be required to advance the reasonable costs of reproducing the documents or tangible things requested.


Finding an Attorney for the ALR Hearing in Fort Worth, TX

If the DWI enforcement officer took your driver's license after the arrest, you only have 15 days to demand an administrative license revocation (ALR) hearing to protect your privilege to drive.

Whether you were arrested for Driving While Intoxicated (DWI), Boating While Intoxicated (BWI), Driving Under the Influence (DUI) as a minor under 21 years of age, call the experienced criminal defense attorneys at Law Offices of Richard C. McConathy. Our DWI defense attorneys in Fort Worth are experienced in fighting cases throughout Tarrant County, TX, and the surrounding areas.

Call (817) 422-5350 today.


This article was last updated on Monday, April 24, 2017.

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