Police and prosecutors call it "Automatic License Revocation." Regretfully, many defense lawyers seem to be in the same boat. Those lawyers advise people not to request a hearing, instead opting for passive acceptance of the driver's license suspension. They give up an opportunity to prevent a suspension, as well as lose a fantastic opportunity to prepare for the criminal case.

ALR actually stands for "Administrative License Revocation." People charged with DWI in Texas often don't realize they have two cases. They know about the DWI criminal case and when they are due in court. However, an arrest for DWI also triggers ALR, a civil case dealing with a driver's license suspension.

The State Office of Administrative Hearings, "SOAH", conducts ALR hearings dedicated to the sole purpose of suspending your driver's license.

After most DWI arrests, a green "Notice of Suspension" is served on the person charged. If DPS does not receive a request for hearing within 15 days of service, that person's driver's license will be automatically suspended. Suspension ranges from 60-365 days. Without a hearing request, suspension begins on the 40th day after service of the notice. Beginning 9/1/01, the officer will literally take the person's license in exchange for a temporary permit. The 15-day period to request a hearing will remain the same. Suspensions will range from 90 days to 2 years.

Requesting a hearing within the 15 days entitles the person to an administrative hearing to determine whether his license will be suspended. KEY: the request must not only be sent, it must be RECEIVED by DPS within 15 days.

Click here for a hearing request fax form.

While awaiting your hearing, you can drive normally. Should you win your hearing, your license would not be suspended. If you lose, you may choose to apply for an occupational license (for going to and from work). See FAQ 6.

If your license is suspended, DPS will require a $100 reinstatement fee ($125 as of 9/1/01). Otherwise, DPS will list your license as suspended even after the suspension period has passed.  Whether DPS can legally do this has been succesfully fought.

Some people wrongly believe that ALR cannot hurt them because they have an out-of-state driver's license or have never had a driver's license. That's a dangerous attitude based on a mistake. The ALR law definition of "driver's license" includes the privilege to apply for one.

Warning: driving while your license is suspended is a crime with penalties similar to DWI, including re-suspension of your license.

See FAQ 5, too.

*All answers are for people 21 years or older, do not involve enhancements, are not exclusive, and are limited to Texas.