State Office of Administrative Hearings
State Office of Administrative Hearings
 

Administrative License Revocation (ALR)

Welcome to ALR

About ALR

The Administrative License Revocation (“ALR”) program was created by the Texas Legislature in 1993 and became effective on January 1, 1995.  Its purpose is to provide a fair and efficient administrative hearing process for determining whether the proposed suspension by the Department of Public Safety (“DPS”) of the driver’s license of a person who has been accused of driving or boating while intoxicated (or in the case of minors, driving or boating with any detectable amount of alcohol in their systems) should be upheld.   

Location of Hearings

A person may request an in-person or telephone hearing.  If the hearing is to be in person, it will be held in a SOAH hearing room.  DPS will notify a person requesting a hearing of the location, date, and time of the hearing.

Law Governing Hearings

Applicable law in an ALR case may include the following:

These laws and rules are available at many public and county courthouse libraries and on various governmental websites.

Administrative Law Judges

A SOAH Administrative Law Judge (“ALJ”) is an experienced attorney who issues pre-hearing orders, may conduct conferences before the hearing, and controls the course of the hearing.  When the hearing on the merits is convened, the ALJ presides and listens to the parties’ evidence.  After the hearing, the ALJ will consider the evidence and issue a final, appealable decision and order that will be sent to the parties.  If the ALJ finds that DPS has proved its case, the ALJ’s order will authorize suspension of the driver’s license.  If the ALJ finds that DPS has not proved its case, the license will not be suspended.  The ALJ cannot probate the suspension or grant an occupational or hardship driver’s license. 

Appeals

Either party may appeal the ALJ's decision. Appeals are governed by Tex. Transp. Code § 524.041 and 1 Tex. Admin. Code § 159.255.

Right To Counsel

DPS will be represented by a DPS attorney at the hearing.  A defendant (the person whose driver’s license is in question) may represent himself or herself or may employ an attorney.  The ALJ will not appoint an attorney for the defendant.  A party intending to employ an attorney should do so in enough time before the hearing date for the attorney to prepare for the hearing. 

Issues Decided At Hearing *

Breath Test Refusal

(Suspension for not less than 180 days)

  1. Was there reasonable suspicion for the peace officer to stop the driver?

  2. Was there probable cause for the officer to believe the driver was intoxicated?
  3. Was the driver offered the opportunity to provide a specimen of breath or blood?
  4. Did the driver refuse to provide a specimen?

Breath Test Failure

(Suspension for not less than 90 days)

  1. Was there reasonable suspicion for the peace officer to stop the driver?
  2. Was there probable cause for the officer to believe the driver was intoxicated?

  3. Was the driver offered the opportunity to provide a specimen of breath or blood?
  4. Did the driver have an alcohol concentration above the legal limit?      

Repeated offenses may result in longer suspensions.

*The issues are different for cases involving drivers under 21 years of age, for drivers of commercial vehicles, and for boating cases.   

Driver's License Reinstatement

A driver whose license is suspended in a ALR hearing will receive information from the DPS concerning reinstatement of driving privileges. The license is not automatically reinstated after the suspension period is over, so it is important to carefully follow the instructions provided by DPS.

Additional Information

This page contains general information.  It is not intended to be a complete guide to the ALR process.  Familiarization with the applicable law and rules is strongly encouraged.  Persons involved in an ALR case and needing legal advice should consult an attorney. 

Additional information about the ALR program is available from the Texas Department of Public Safety – Administrative License Revocation Program.