If you do nothing, there’s an automatic driver’s license suspension for a DWI arrest in Texas. It’s officially called an “Administrative License Revocation”. It’s often called an “ALR” for short. The length of time depends on the age of the driver, the number of prior cases, the driver’s blood/alcohol level being greater than 0.15, and whether or not there was a refusal to submit to a blood or breath test. The typical suspension is for ninety days for a first offense. The Texas Department of Public Safety can suspend someone’s driver’s license for up to two years.
It’s important to keep in mind that Administrative Law governs driver’s license suspension rather than criminal law. This means the rights of the accused described in the sixth Amendment of the US Constitution do not apply to driver’s license suspension. Yet it’s still possible to challenge the suspension. The driver has fifteen (15) days from the time he or she received notice of the suspension to request an ALR Hearing. A good DWI lawyer can use the ALR Hearing to discover some of the strengths and weaknesses of the criminal case during the ALR Hearing. Occasionally a good DWI lawyer wins the ALR Hearing, prevents the driver from losing their license, and setting up ground to suppress evidence at a criminal trial.
The driver or the driver’s attorney must request an ALR Hearing with the Texas Department of Public Safety. These hearing typically take up to four (4) months to schedule. The driver has the right to represent themselves pro se. Yet most drivers don’t know the Rules of Evidence and how to subpoena witnesses. There’s also a good chance the driver will say something at the hearing that could damage their criminal case. The phone number to request an ALR Hearing in 1-800-394-9913. The email address is hearings@dps.texas.gov. You can also go to dps.texas.gov and make an online request.
If the driver loses the ALR Hearing, they can usually get an Occupational Driver’s License. This allows the driver to get to and from work, school, or household duties. Judges usually cap the time at four hours per day. However if the driver proves it’s necessary, a judge can allow someone to drive for up to twelve hours with an Occupational Driver’s License. The driver needs to get an SR-22 insurance certificate, a Type AR certified driving record, and a copy of the suspension notice. You get the Type AR driving record from the texas.gov Driver Record Request System. You need the Driver’s License Number, Date of Birth, last four digits of the Social Security Number, and the Audit Number found of the license. This Order is valid for up to two years.