Driver's License Hearings Subpoenas

A subpoena is an order that requires a person to appear at a hearing and give testimony. If the person has relevant documents, it can also require that person to bring them to the hearing. Items to note about driver's license hearings subpoenas:

  • A party to a driver's license hearing at the State Office of Administrative Hearings may request that a subpoena be issued.
  • An attorney who is authorized to practice law in Texas is allowed to issue up to two subpoenas for a driver's license hearing (1 Tex. Admin Code § 159.101(b). Please note that an attorney is required to use the State Office of Administrative Hearings form when issuing a subpoena.
  • Please reference Driver's License Hearings Formspdf icon for all of the required subpoena forms.

How to Request a Subpoena (Self-Represented Litigants)

  • A self-represented litigant should use the ALJ-Issued Subpoena Request form listed at Driver's License Hearings Forms to file a written request for a subpoena.
  • Additional guidance and information on how to file all requests, including the subpoena request form, can be found at Driver's License Filing Information.
  • A copy of the subpoena request form must also be sent to the Department of Public Safety attorney at the same time it is filed with the State Office of Administrative Hearings.
  • Once the subpoena is served upon a witness, the return of service must be filed at the State Office of Administrative Hearings at least three days prior to the hearing.
  • A copy of the return of service must also be sent to the Department of Public Safety attorney.

Subpoena Deadlines

Ten Days Prior to the Hearing

All subpoena requests must be filed with the administrative law judge no later than ten days prior to the hearing. This includes the following situations:

  • A party intends to subpoena more than two peace officers to testify as witnesses.
  • A party seeks to compel the presence of witnesses who are not peace officers.
  • A party seeks to compel the appearance of the breath test operator or breath test technical supervisor.
  • A defendant who is not represented by an attorney seeks to compel the presence of witnesses.

A copy of the request must be filed with the Department of Public Safety at the same time the request is filed with the State Office of Administrative Hearings.

Five Days Prior to the Hearing

  • All subpoenas, whether issued by an attorney or a judge, must be served at least five days prior to the hearing.
  • A copy of an attorney-issued subpoena must be filed with the Department of Public Safety on the same date it is issued.
  • A copy of the return of service must be filed with the Department of Public Safety and the State Office of Administrative Hearings when the subpoena has been served.

Three Days Prior to the Hearing

  • A copy of the return of service must be filed with the Department of Public Safety and the State Office of Administrative Hearings no later than three days prior to the hearing.

At the Hearing

  • A check or money order payable to the witness must be tendered to the witness upon witness' appearance at the hearing. This payment should include the $10 witness fee, plus any additional mileage fees when applicable.
  • Please reference the Driver's License Witness Fee Calculation Sheet at Driver's License Hearings Forms for more information on how to calculate witness fees.

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