DWI and driving
Dallas DWI license hearing (ALR) lawyer.
After a DWI arrest in Texas, the State moves to suspend your license whether or not you are ever convicted. You have 15 days from the notice of suspension to ask for a hearing. If nobody asks, the suspension starts on day 40. We file the request, subpoena the officer and use the hearing to question that officer under oath, which also helps your criminal case.
Right now
If you just got a notice of suspension.
- 01
Find the notice and count 15 days
The officer usually hands you the notice at the arrest. If you gave blood, it may come later by mail when the results are back. Count 15 calendar days from the day you received it, weekends included.
- 02
Request the hearing in writing
DPS takes requests online, by fax or by mail. We can file it for you and keep proof that it arrived on time. Do not rely on a phone call.
- 03
Update your address with DPS
The hearing date and the decision are mailed to the address DPS has on file. If you moved, fix it now so you do not miss a letter.
- 04
Ask before you assume you cannot drive
Until the suspension takes effect, your driving privilege usually stays in place. Driving after it starts is a separate crime, so check with us if you are not sure of your status.
- 05
Tell us if you have a CDL
A failed or refused test also disqualifies your commercial license, even if you were in your own car. That changes how we plan both cases.
Key deadlines and numbers
- Deadline to request a hearing
- 15 days from receiving the notice of suspensionSource: Tex. Transp. Code 524.031
- If you do not request one
- The suspension starts automatically on day 40Source: Texas DPS, ALR program
- Failed test (0.08 or more)
- 90 days, or 1 year with a prior alcohol or drug contact in 10 yearsSource: Texas DPS, ALR FAQ
- Refused test
- 180 days, or 2 years with a prior contact in 10 yearsSource: Tex. Transp. Code 724.035
- Who decides
- An administrative law judge at the State Office of Administrative Hearings (SOAH)Source: Texas SOAH
- Appeal after a loss
- Petition to a county court within 30 days of the decisionSource: Tex. Transp. Code 524.041
Texas law
How the ALR case works.
ALR stands for administrative license revocation. It is a civil case between you and the Texas Department of Public Safety, separate from the criminal DWI charge. It moves faster, the rules of evidence are looser, and DPS only has to prove its case by a preponderance of the evidence. It is also the first place the officer has to explain the arrest under oath.
| Situation | Suspension | Notes |
|---|---|---|
| Failed breath or blood test, no prior contact in 10 years | 90 days | An occupational license is usually available. |
| Failed test, with a prior alcohol or drug contact in 10 years | 1 year | A prior ALR suspension or conviction counts as a contact. |
| Refused the test, no prior contact | 180 days | Refusal is decided at the same hearing. |
| Refused the test, with a prior contact | 2 years | Waiting periods may apply before an occupational license. |
| Driver under 21 with any detectable alcohol | 60 days for a first contact, longer with priors | Applies even below 0.08. |
| Commercial driver (CDL), failed or refused test | 1 year off commercial driving, 3 years if hauling hazardous materials | Applies even in a personal vehicle. No occupational CDL. |
What DPS has to prove
That the officer had a lawful reason to stop or detain you, probable cause to arrest you for DWI, and either a result of 0.08 or more or a refusal after the officer asked properly and read the required warning.
Source: Tex. Transp. Code 524.035The officer can be made to testify
We can subpoena the arresting officer and the breath test operator. Their answers under oath are recorded and can be used later in the criminal case.
Source: Tex. Transp. Code 524.039A suspension does not have to stop your life
If the suspension goes into effect, a court can grant an occupational license to drive for work, school and household needs. It usually requires SR-22 insurance and may require an ignition interlock.
Source: Tex. Transp. Code 521.242How we work
How we handle your ALR hearing.
Mr. Estrada treats the license hearing as the first step of the DWI defense, not a formality. Our team handles the filings and the deadlines with him, and you get updates in English or Spanish.
01
Request the hearing on time
We file the request, confirm DPS received it and track the hearing date, so the automatic suspension does not start while you wait.
02
Get the State's paperwork
The officer's sworn report, the breath ticket or blood results and the video. We compare the report against the video line by line.
03
Subpoena the witnesses
When it helps, we require the officer and the operator to appear, so their account is tested by questions instead of read from a form.
04
Question the stop, the arrest and the warning
Was there a real traffic violation? Was there probable cause? Was the warning read correctly, and in a language you understood? If you speak Spanish, that last question matters.
05
Plan for every outcome
If we win, the suspension is not imposed. If we lose, we move quickly on an occupational license or an appeal, and we use the transcript in the criminal case.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Mr. Estrada did an excellent representation of my case and was very explicit and direct on what my consequences were and implications.”What a suspension can touch.
- My job depends on driving
- An occupational license covers most workers, but not commercial driving. CDL holders face a separate disqualification, so we look at your job and your license class from day one.
- Driving while suspended is a new charge
- Driving after the suspension starts can lead to arrest, a longer suspension and a record. For anyone worried about immigration, an arrest is the risk to avoid.
- Insurance and getting the license back
- After a suspension you usually pay a reinstatement fee to DPS and may need SR-22 insurance for a period. Expect your premiums to change. We tell you the steps so nothing is left pending.
Dallas and Odessa
ALR hearings for Dallas and Odessa drivers.
ALR hearings are run by the State Office of Administrative Hearings, not by the county court, and many are now held by phone or video. Our Oak Cliff office handles hearings for arrests in Dallas County and the surrounding counties. Our Odessa office handles hearings for arrests in Ector and Midland counties, including stops by DPS troopers on I-20.
FAQ
Questions people ask.
What if I missed the 15-day deadline?
Call us anyway. We check how and when the notice was served, because the clock depends on it. If the suspension cannot be stopped, we work on an occupational license, and the criminal case is still fully open.
Is the ALR hearing the same as my DWI case?
No. The ALR case is only about your license and is decided by an administrative judge. The DWI charge is a criminal case in county or district court. Winning or losing one does not decide the other, but what happens at the hearing can help the criminal defense.
Do I have to attend the hearing?
Often your lawyer can handle it without you testifying, and many hearings are by phone or video. We decide with you whether your being there helps or hurts.
I gave blood. When does my 15 days start?
With a blood test, DPS often sends the notice of suspension by mail after the lab results come back, which can be weeks later. The 15 days run from when you receive that notice. Watch your mail and call us when it arrives.
Can I drive to work if my license is suspended?
Usually, with an occupational license from a court. It lists when and where you can drive, needs SR-22 insurance and may require an interlock. A prior suspension can mean a waiting period first.
How much does it cost to hire you?
The first consultation is free, by phone, video or in person. We discuss the fee and payment options up front, including for the ALR hearing and the criminal case together.
Related situations
- DWI
- Felony and repeat DWI
- Traffic tickets and occupational licenses
- Driving without a license
- Intoxication assault and manslaughter
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.