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Administrative License Revocation-ALR

In Texas, if you were arrested for DWI and either refused the breath or blood test, or you provided a specimen of your breath or blood and had an alcohol concentration of .08 or above, the Texas Department of Public Safety will attempt to suspend your Driver’s License.

You only have 15 days from the date of arrest to request a hearing on your driver’s license. Most people who have been charged with DWI are facing two problems: a criminal charge for DWI, and a civil process known as an Administrative License Revocation or ALR.

When you were arrested for DWI, your driver’s license was probably confiscated by the police, and you received a temporary permit, which expires 41 days after it was issued. If you request a hearing, any suspension will be delayed until after the hearing takes place.

However, your ALR suspension is automatic unless you or your attorney requests a hearing within 15 days from the date of arrest. If you don’t request a hearing, then your license will be automatically suspended on the 41st day after you received notice of suspension.


If a hearing is requested in a timely manner, then the Department of Public Safety has the burden of proving:

  1. That there was reasonable suspicion to stop or probable cause to arrest the driver,
  2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated,
  3. That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test, and
  4. That the driver refused to give a specimen on request of the officer, or that the driver failed a breath or blood test by having an alcohol concentration of .08 or higher.

Length of Suspension

If you haven’t had any alcohol or drug related suspension in the last 10 years, the suspension periods are as follows:

Age of DriverRefusalFailure
21 or Older180 days90 days

If you have had an alcohol or drug related suspension in the last 10 years, the suspension periods are as follows:

Age of DriverRefusalFailure
21 or Older2 years1 year


If your license is suspended, you may petition the Court for an Occupational Driver’s License. If this license is granted, you will be allowed to drive 12 hours a day in order to perform your occupation or trade or to conduct essential household duties and to attend religious services. The Occupational Driver’s License must be kept with you at all times while you are driving your vehicle. You may drive in the county where the license is issued and generally the surrounding counties.

Neil Pask handles these ALR hearings personally. He uses them to get discovery of what happened before and after the arrest and he uses them to pin the officer down regarding his testimony. The testimony developed at an ALR hearing is then used to win your DWI jury trial.

Client Reviews

I never expected to need a criminal attorney, but that changed one evening on my way home when I entered a construction zone with missing and conflicting traffic signs. It was obvious that I needed expert legal assistance. I knew Neil Pask from the days when he was a top prosecutor in the Dallas...


One cold rainy night, I slid my car into some construction equipment parked in the road. I was subsequently arrested for DWI and blew a .11. I couldn't afford a DWI conviction because I would lose my job. I hired Neil Pask to represent me. We tried my case to a jury and they returned a verdict of...


I recently was arrested for DWI 3rd after I had entertained some family and friends at my home. I hadn’t been in any trouble in over 10 years, but my past came back to haunt me. After reviewing the qualifications of many lawyers regarding my case, I believe God led me to Neil Pask. I had been doing...


Dear Neil: I want to thank you for handling my case so well. Your professionalism, knowledge and compassion were far beyond anything a client could ever ask for. Your perseverance and success handling my situation was outstanding. You are truly one of the greatest in your profession!


There is nothing more terrifying than being accused of a crime and I crime that I was completely innocent of. You are up against an institution (the police) whose job is to disprove your innocence. I was referred to Neil and I swear that God led me to him. He was totally professional, knowledgeable...


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