Losing your license after a DWI stop in Texas is not automatic, but it can happen fast if you do nothing. The criminal case moves on one track, and a separate civil process, the Administrative License Revocation, moves on another. Both matter. The ALR process can suspend your driving privilege long before any judge or jury decides guilt. I have seen careful preparation at the administrative stage shape the outcome of the criminal case months later. The reverse is also true. Miss a deadline, and you start from behind.
This guide walks through what actually happens, what choices matter, and how a seasoned defense lawyer approaches both the administrative and criminal sides with an eye on preserving your license and your defense.
The split system: criminal vs. ALR
A Texas DWI stop triggers two proceedings. The criminal case is what most people know from television. It focuses on guilt, punishment, and the Constitution. The ALR case is a civil administrative action handled by the State Office of Administrative Hearings, aimed at whether your license should be suspended because you supposedly failed or refused a test. The Department of Public Safety pushes the ALR suspension, a DPS attorney argues it, and an administrative law judge makes the decision.
The standards of proof differ. In the criminal case, the State must prove guilt beyond a reasonable doubt. In the ALR hearing, DPS only needs a preponderance of the evidence, essentially more likely than not. That lower bar means the State often wins at ALR even when the criminal case later falls apart. Still, a thoughtful approach to ALR can blunt the damage. You may avoid suspension, or at least shorten it, while gathering testimony that helps your criminal defense.
The 15‑day clock and why it matters
After an arrest, the officer typically hands you a temporary driving permit printed on a DPS form. That paper allows you to drive for 40 days from the date of service unless a judge orders otherwise. Hidden in those lines is the most important deadline of your case. You have 15 days from receipt to request an ALR hearing. If you do not request it on time, the suspension kicks in on day 40 and you lose the chance to challenge it.
I have seen clients wait to hire counsel, thinking the first court date is months away. That is a mistake. The ALR request is short and simple, yet it opens the door to contest the stop and the arrest. It also lets us subpoena the officer and, in many counties, get body‑cam video and breath test records much earlier than standard discovery in the criminal case. It sets the tone that you intend to fight.
Refusal versus failure: different roads to suspension
Texas uses implied consent. By driving on public roads, you agreed to provide a breath or blood specimen if an officer lawfully arrests you for DWI and requests testing. You can still say no. Your choice drives the suspension length.
If you refuse testing, DPS seeks a 180‑day suspension for a first refusal, or two years if you have a prior alcohol or drug enforcement contact within ten years. If you provide a specimen and fail, meaning your breath or blood alcohol concentration is 0.08 or higher, DPS seeks 90 days for a first failure, or one year with a prior contact within ten years. Those numbers apply to adults. Minors face different rules and zero tolerance for any detectable alcohol.
The State treats a refusal as more serious because it frustrates evidence gathering. On the defense side, a refusal can sometimes be strategic. It keeps out a precise BAC number and forces the State to rely on less scientific evidence, like field sobriety tests and video. There are costs though. A refusal can be used as consciousness of guilt at trial, and the longer administrative suspension is real. A Criminal Defense Lawyer weighs these trade‑offs case by case, considering driving needs, prior history, and the local court’s tendencies.
What the State must show at ALR
DPS does not win merely because you were arrested. They must prove three main elements by a preponderance of the evidence:
- Reasonable suspicion for the stop. The officer needed a valid reason to pull you over, such as speeding, drifting over lane markers, or a traffic violation. A welfare check on a parked car can also suffice, but the details of approach and seizure matter. Probable cause to arrest. After the stop, the officer needed specific facts that would lead a prudent person to believe you were intoxicated while operating a motor vehicle in a public place. Slurred speech, odor of alcohol, bloodshot eyes, unsteady balance, field sobriety test performance, admissions of drinking, and video evidence all come into play. Proper request and result. For a refusal, that the officer requested a specimen after arrest, read the DIC‑24 statutory warnings accurately, and that you refused. For a failure, that a valid breath or blood test showed an alcohol concentration at or above 0.08, and the test met reliability standards.
Those building blocks must rest on credible testimony and reliable documents, usually the officer’s sworn affidavit, video, and test records. If a piece is missing or weak, the judge can deny the suspension even if the criminal case later survives. On the other hand, if DPS proves those points, the suspension goes into effect unless we appeal.
Using the ALR hearing as a discovery tool
A defense lawyer sees the ALR hearing as more than a fight over days without a license. It is a chance to lock the officer into testimony early. Officers are human. They remember some stops clearly and others not at all months later. The ALR hearing occurs sooner. We can cross‑examine the officer on the reasons for the stop, the sequence of instructions on the walk‑and‑turn, whether the roadway was level, and how long they observed before a breath test. If video conflicts with the report, this is where the discrepancy surfaces.
In my practice, I often gain the single best piece of impeachment at ALR. An officer might testify that a client refused field sobriety tests, but the body‑cam shows the client tried to comply and asked clarifying questions. Or the affidavit claims poor performance, yet the video shows solid stepping and good balance. A transcript of that testimony helps later motions to suppress and plea negotiations. Prosecutors pay attention to cases where the State’s witness has already been cross‑examined under oath with a shaky showing.
Field sobriety tests under a microscope
The standardized field sobriety tests, the HGN eye test, the walk‑and‑turn, and the one‑leg stand, can be helpful indicators when administered precisely. Criminal Defense Law They can also mislead if conducted or interpreted sloppily. The National Highway Traffic Safety Administration sets out detailed protocols: lighting conditions, instruction language, demonstration, medical screening, and precise scoring of clues. The difference between a valid and invalid test often turns on small details.
I once defended a driver stopped after midnight near a construction zone. The officer used broken pavement for the walk‑and‑turn. The NHTSA manual instructs officers to find a reasonably dry, level, non‑slippery surface, and to consider noncompliance if none is available. At ALR, the officer acknowledged the conditions and conceded he could have used a nearby parking lot but did not. The judge found probable cause was marginal, and the suspension was denied. That same testimony placed us in a stronger position when we later moved to suppress in the criminal case.
Blood and breath testing issues
Breath testing in Texas typically relies on Intoxilyzer machines maintained by DPS. Blood testing involves hospital draws or phlebotomists brought to the jail, with analysis by a crime lab. Both create chains of custody and opportunities for error. In ALR, the judge wants to see that the testing followed accepted protocols. Was the observation period for breath a full 15 minutes without burps, regurgitation, or foreign substances? Were reference checks within range? For blood, was the vial sealed, inverted properly, and transported under appropriate conditions? Did the lab use an approved method like headspace gas chromatography, and do the chromatograms show clean separation?
These are technical questions, and the State often relies on certified records rather than live chemists at ALR. That can limit our ability to probe. Still, defects show up. I have seen a breath test record where the observation time was cut short due to officer shift change. I have seen blood kits missing lot numbers on the gray‑top tubes. The administrative judge does not need to find scientific certainty, only whether DPS met its burden. Yet enough sloppiness can tip the balance.
Occupational licenses and keeping life going
Even with a suspension, most clients still need to drive. Texas allows an occupational driver’s license, sometimes called an essential needs license, which permits travel for work, school, and household duties. Courts vary in how they handle these applications. Some require ignition interlock as a condition, even on a first offense. Others demand proof of SR‑22 insurance and a logbook. If the judge grants it, DPS still needs to process the order, which can take days or weeks.
An occupational license is not a free pass. Violating its terms, such as driving outside approved hours, can lead to arrest for driving while license invalid. For many, though, it keeps jobs intact and kids picked up from school. A Defense Lawyer who handles these routinely can move the process faster and tailor the orders to your schedule. Early planning matters because you cannot drive during the gap between suspension start and occupational license issuance unless the court explicitly authorizes a waiting‑period exception.
What happens if you win at ALR
Winning at ALR means no administrative suspension based on that arrest. It does not dismiss the criminal case. Still, it sends a signal. Prosecutors understand that if the stop or arrest fails under a preponderance standard, the criminal case will face headwinds. That can translate into better offers, or into a judge taking a closer look at suppression issues.
There is another benefit. If the administrative judge denies the suspension because of a legal defect, the written decision can help frame the suppression motion. For example, if the ALJ found no reasonable suspicion for the lane change stop due to lack of a signal requirement when safe, you now have a roadmap for the criminal court. The ALR decision is not binding on the criminal court, but it is persuasive, especially when the facts are uncontested.
What happens if you lose at ALR
If DPS wins, the suspension starts on the 40th day after you received the notice or on the date in the order if later. You can appeal to a county court, but appeals are limited and do not automatically stay the suspension. For most clients, the practical move is to shift focus to the criminal case, secure an occupational license, and leverage the ALR transcript for cross‑examination later.
Losing at ALR also means the refusal or failure is now part of your DPS record. That matters for enhancement. If you pick up another DWI within ten years, that prior administrative contact can increase the next suspension period. That is one reason why avoiding the ALR suspension when possible carries long‑term value even beyond the immediate driving privilege.
Common police report patterns and how to read them
Certain phrases appear again and again in DWI narratives: strong odor of alcoholic beverage, glassy red eyes, slurred speech, unsteady gait. Those descriptors can be rote. Video often tells a different story. I advise clients not to panic when they see that parade of adjectives. A Criminal Defense Lawyer goes sentence by sentence, comparing words to footage and timing. Many reports say the defendant failed to follow directions, but the video shows the officer giving rapid or conflicting instructions on a noisy roadside. Reports often state that a driver swayed, yet most people sway slightly when standing heel to toe. The test is whether they broke the stance or stepped off the line, not whether they were motionless.
Prosecutors know the difference between a real impairment case and a flimsy one. A precise rebuttal focused on the standardized criteria, not generalities, can change negotiations. The ALR hearing can set that foundation.
Edge cases: blood search warrants and no‑refusal weekends
Texas officers regularly seek blood search warrants when drivers refuse. On so‑called no‑refusal weekends, magistrates stand by to review affidavits quickly. People sometimes think no‑refusal means they cannot refuse. You can refuse, but the officer will likely get a warrant. That warrant must still be supported by probable cause and signed by a neutral magistrate. The draw must follow medical‑reasonableness standards.
I have seen warrants granted on thin affidavits that barely mention driving facts. If the warrant lacks a clear nexus between intoxication signs and vehicle operation, a suppression motion may succeed. I have also seen late‑night draws done by hospital staff using alcohol swabs, which can be a problem if the lab does not account for contamination risk. These are case‑specific details, but they show how an aggressive DUI Defense Lawyer treats each step as a point of potential challenge.
CDL drivers, minors, and enhancement pitfalls
Commercial drivers face harsher realities. A CDL holder can be disqualified from operating a commercial motor vehicle based on an ALR finding, even if the stop occurred in a personal car. The per‑se alcohol limit for CDL operation is 0.04 while driving a commercial vehicle, and the collateral consequences for employment are severe. For CDL clients, timing is critical. We push hard at ALR, explore diversion or reduction options in the criminal case, and coordinate with employers about non‑driving roles while the case plays out.
For minors, Texas enforces zero tolerance. Any detectable amount of alcohol can support an administrative action, even if the BAC is below 0.08. Juvenile Defense Lawyer work demands careful counseling about long‑term impacts. A single administrative action at 19 can stretch into consequences at 24 when a new case arises, due to the ten‑year lookback for prior contacts.
The human side: jobs, insurance, and stress
License suspensions ripple through a person’s life. Employers often tolerate a single court date, but repeated rideshares, late arrivals, and missed shifts test patience. Insurance premiums can spike after a DWI arrest or after an SR‑22 filing. Families juggle logistics for school, medical appointments, and caregiving. A Defense Lawyer who handles Criminal Law daily should manage more than the courtroom strategy. Good lawyering includes planning the occupational license, setting realistic timelines, and warning clients about the silent traps, such as assumptions that Uber will cover every situation or that probation will bend around long‑haul work schedules.
I keep a short list of practical steps for clients. Call your insurer early to confirm SR‑22 procedures. Gather employment letters that explain the need for flexible hours in the occupational order. Save up for ignition interlock costs if the court might require it. Small moves early make the road smoother when the court order comes down.
How an ALR record intersects with plea strategy
If the ALR transcript shows an officer struggling on the basics of the stop, suppression is more likely. That changes talks with the prosecutor. A dismissal can be possible. If the officer holds up well at ALR, we recalibrate. Sometimes the best outcome is a reduction to obstruction of a highway, a non‑DWI misdemeanor that may carry probation but avoids a DWI conviction and the driver’s license surcharges that used to exist under the old points system. Texas changed the Driver Responsibility Program in 2019, but court costs and conditions remain, and having a non‑DWI resolution still matters to many.
Occasionally, we bifurcate strategy. We accept an administrative suspension outcome as a cost of doing business while positioning the criminal case for a contested hearing where video favors us. Other times, we press every button at ALR to win and use that momentum to seek a lesser resolution. Facts and jurisdiction matter. Some counties push ignition interlock for every first offender. Some judges grant occupational licenses the same day. No single plan fits all.
Practical timeline from stop to solution
- Within 15 days of arrest, request the ALR hearing. Document the date you received the notice and keep the temporary permit. Before the ALR date, obtain and review body‑cam, dash‑cam, and test records. Prepare focused cross‑examination that aligns with the video. Attend the ALR hearing, examine the officer, and preserve a transcript. If DPS fails to produce the officer, consider moving for a default or for a continuance based on the judge’s practice. If suspension is ordered, file for an occupational license promptly. Prepare SR‑22, proof of employment, and a proposed schedule. In the criminal case, file motions to suppress where warranted, use ALR testimony to shape negotiations, and plan either for trial or a negotiated disposition that protects long‑term goals.
This path gives structure to a situation that feels chaotic. Clients regain a sense of control when they see the steps laid out plainly.
When to involve a lawyer and what to look for
The best time to call a Criminal Defense Lawyer is within days of the arrest. You want someone who handles DWI regularly, understands both ALR and criminal courts, and can point to specific hearing transcripts or rulings in similar cases. Ask whether the lawyer personally conducts ALR cross‑examinations. Some firms delegate ALR to junior associates or skip it altogether. That is a missed opportunity. An experienced DUI Lawyer recognizes the value of that early testimony. If your case includes allegations of drugs rather than alcohol, a drug lawyer who knows how to challenge DRE evaluations and urine screens matters. If there was a crash with injuries, a lawyer who has defended assault by intoxication cases adds perspective.
What you should not do is assume the DWI is unwinnable because the paperwork looks bad. I have defended cases with ugly reports and strong videos in the client’s favor. I have also managed cases with a low reported BAC that turned into a fight over medical issues, such as GERD affecting breath results or diabetes symptoms mimicking intoxication. Each case earns a fresh review.
A few myths worth clearing up
Many clients arrive with half‑true rules picked up from friends or social media. Three come up often. First, refusing the test always helps you. Not always. It can avoid a precise BAC, but it lengthens the ALR suspension and can be framed as consciousness of guilt. Second, no‑refusal weekends mean you have no rights. You still have constitutional rights, and the State must follow warrant procedures and draw protocols. Third, if you win the criminal case, the suspension disappears. An ALR suspension stands even if the criminal case later ends in dismissal. These are separate tracks with separate outcomes.
Final thoughts from the trenches
The ALR process looks administrative and low stakes on paper. In practice, it is a staging ground for your entire defense. It forces the State to reveal its theory early. It creates sworn testimony by the arresting officer when memories are fresh and before reports grow in detail. It yields practical leverage for motions and plea talks. And, yes, it can spare you a suspension that complicates life for months.
A strong defense blends technical knowledge, courtroom skill, and logistical planning. That is as true for license issues as it is for trial work. Whether you are a first‑time arrestee worried about your job, a CDL driver facing career pressure, or a parent of a teenager caught in a zero‑tolerance net, take the 15‑day deadline seriously and get a Defense Lawyer who lives and breathes Criminal Defense Law. The sooner you start, the more tools your lawyer has to protect both your license and your case.