Can I Fight a License Suspension After a DWI Arrest in Texas?

 Posted on April 28, 2026 in DWI

You can fight a license suspension after a DWI arrest in Texas, but you have to act fast. In 2026, your license does not get suspended right away when you are arrested for DWI. You have a window of time to request a hearing and challenge the suspension before it takes effect. If you miss that window, the suspension happens automatically, and there is nothing you can do to stop it. A Parker County, TX DWI defense lawyer can help you request that hearing and give you the best possible chance of keeping your license while your case moves forward.

What Triggers a License Suspension After a DWI Arrest in Texas?

Two things can trigger an automatic license suspension after a DWI arrest in Texas. The first is failing a breath or blood test by registering a blood alcohol content of 0.08 percent or higher. The second is refusing to take a chemical test at all. Both of these trigger what is called an Administrative License Revocation, or ALR, which is a civil process that is completely separate from the criminal DWI case.

This separation is important to understand. Even if your criminal DWI charge is later reduced or dismissed, the ALR suspension can still go forward unless you successfully challenge it on its own. The two processes run on separate tracks.

How Long Do You Have To Request an ALR Hearing in Texas?

Under Texas Transportation Code § 524.031 and § 724.032, you have only 15 days from the date you receive notice of suspension to request an ALR hearing. If you do not request the hearing within that 15-day window, your right to contest the suspension is gone. The suspension will go into effect automatically on the 40th day after your arrest.

Many people do not find out about this deadline until it has already passed. This is one of the most important reasons to contact a DWI defense attorney as soon as possible after an arrest, ideally within the first day or two.

What Happens at an ALR Hearing in Texas?

An ALR hearing is held before an administrative law judge, not a criminal court judge. The hearing is focused on a narrow set of issues. The judge looks at several factors related to the arrest, including:

• Whether the officer had reasonable suspicion to stop you

• Whether the officer had probable cause to arrest you

• Whether you were properly informed of the consequences of refusing or failing a test

• Whether you actually failed or refused the test

This is not a full criminal trial. The burden of proof is lower than in a criminal case, and the rules of evidence are different. However, the hearing still gives you a real opportunity to challenge the suspension and potentially keep your license. If the state cannot meet its burden on any of the required elements, the suspension should be dismissed.

What Are the Suspension Periods if You Lose the ALR Hearing?

If the ALR hearing does not go in your favor, the length of the suspension depends on your situation. For a first offense with a failed test, the suspension lasts 90 days. For a first offense involving a refusal, the suspension lasts 180 days. If you have a prior DWI-related offense within the past 10 years, those periods jump to one year for a failed test and two years for a refusal.

These are significant periods of time that can affect your job, your family, and your daily life. Fighting the suspension is almost always worth pursuing, even when the odds are uncertain.

Can You Get a Restricted License During a Suspension?

Texas offers an Occupational Driver's License, sometimes called an ODL, which allows a person with a suspended license to drive for essential purposes like work, school, and medical appointments. To get one, you have to file a petition with a court, show that the suspension is causing you hardship, and in most cases, agree to have an ignition interlock device installed in your vehicle.

An ODL does not restore your full driving privileges, but it can make a suspension much more manageable while your case is being resolved. An attorney can help you file for one quickly if you need it.

Does Winning the ALR Hearing Help Your Criminal Case?

The ALR hearing happens before the criminal case goes to trial, and the testimony and evidence presented at the hearing can be useful in the criminal case. For example, if the arresting officer testifies at the ALR hearing, that testimony is recorded and can be used later to challenge inconsistencies in what the officer says at the criminal trial. This is one of the strategic reasons why requesting the ALR hearing is worthwhile, even if the chances of winning seem uncertain.

Schedule a Free Consultation With Our Weatherford, TX DWI Defense Lawyer

Fighting a license suspension after a DWI arrest is not something you should try to handle on your own, especially with a 15-day deadline hanging over you. Attorney Soraya Joslin spent several years as an Assistant District Attorney and understands how the criminal justice system works from both sides of the courtroom. With almost 30 years of experience handling DWI cases in Texas, she knows exactly what it takes to challenge an ALR suspension and build a strong defense at the same time.

Call Soraya Joslin, P.C. at 817-599-7005 to schedule a free consultation with our Parker County, TX DWI defense attorney before that 15-day window closes.