ALR/License Suspension

Many people are not aware that driving while intoxicated (DWI) can result in both criminal and administrative penalties. Refusing or failing a chemical test may result in a license suspension by the Texas Department of Public Safety (DPS). Depending on the situation, you could have your license suspended for up to two years because of one bad night.

It’s stressful enough to deal with criminal penalties but adding administrative consequences can make the whole situation seem unbearable. If you want to retain your driving privileges you must act now. You can hire an experienced attorney to file a request for an administrative license revocation (ALR) hearing. It’s important you do this quickly because you only have 15 days after arrest to file a request for an ALR hearing.

Attorney for DWI License Suspensions in Harris County, Texas

It’s critical you understand not just the criminal consequences for DWI, but also the administrative penalties. Refusing or failing a chemical test can result in a license suspension for a period of time. The only way to challenge the suspension is through an administrative license revocation (ALR) hearing with an experienced attorney.

Find that attorney now with Tyler Flood & Associates, Inc. We have years of experience with DWI cases and ALR hearings. Our attorneys can use our knowledge and resources to help you get your life back. Contact us today at (713) 224-5529 for a free consultation. We accept clients throughout the greater Harris County area including Pasadena, Uptown, River Oaks and Bellaire. Overview of ALR/License Suspension

What Is an Administrative License Revocation (ALR) Hearing?

An administrative license revocation (ALR) hearing is a civil administrative process, which is unrelated to any criminal court proceeding. It’s reserved for people who refused or failed to take a chemical test. These tests include blood analysis, breath analysis and urinalysis.

You can fail a chemical test if you have a blood-alcohol concentration (BAC) of .08 or higher. If you refuse to submit to chemical testing, then technically you’re in violation of implied consent laws. Implied consent laws state any person using Texas public roads are implicitly agreeing to chemical testing by law enforcement. Violating these laws will result in an administrative license suspension.

An ALR hearing is a way for you to fight your license suspension. You can file a request for an ALR hearing to DPS before your suspension begins. In fact, it’s important you do this quickly since you only have 15 days after you received notice to file for an ALR hearing. If you fail to request it within the allotted time, then your license will be suspended after 40 days.

Back to top

How Does an Administrative License Revocation (ALR) Hearing Work?

An ALR hearing functions differently than a standard criminal proceeding. The evidence isn’t presented in front of a jury, but an administrative law judge. The judge will interpret the rules of the hearing and decide if you should keep your license or not. ALR hearings also use a different burden of proof called preponderance of the evidence, meaning you must prove that it’s more likely than not you were not drinking and driving. There will be no prosecution at the hearing, but your arresting officer may show up. If you hire an attorney for the hearing, it could be a good chance to question the officer without a District Attorney present. The officer may not be prepared so it will make cross-examination much easier for the defense. Texas Transportation Code § 524.035 states the evidence must prove the following if your license was suspended because of a failed chemical test.

  • You were driving a motor vehicle;
  • You gave a blood, breath or urine sample which detected alcohol in your system above the legal limit; and
  • The officer had enough probable cause to stop you

Texas law states the evidence must prove the following if your license was suspended because you refused to take a chemical test.

  • The officer pulled you over;
  • They had enough probable cause to determine that you were driving a motor vehicle while intoxicated;
  • The officer requested for you to submit to chemical testing and informed you of the legal ramifications of refusing; and
  • You refused to comply with chemical testing.

Back to top

How Long Is Your License Suspended for DWI in Texas?

DPS will suspend your license for a period of time if you failed or refused a chemical test. The suspension period depends on your age and if you refused or failed chemical testing. Suspension terms for refusals tend to be much longer than failed chemical tests. If you are over the age of 21 and a non-commercial driver, then your suspension term is:

  • Up to 90 days for failing a chemical test; or
  • Up to 1 year for failing a chemical test with a history of one prior failed test
  • Up to 180 days for your first refusal; or
  • Up to 2 years for your second or subsequent refusal

If you are underaged and a non-commercial driver, then your suspension term is:

  • Up to 60 days for failing a chemical test;
  • Up to 120 days for failing a chemical test with a history of one prior failed test; or
  • Up to 180 days for failing a chemical test with a history of two or more failed tests
  • Up to 180 days for refusing a chemical test; or
  • Up to 2 years for your second or subsequent refusal

If you are a commercial driver, your commercial driver’s license (CDL) will be disqualified for:

  • Up to one year if you refused or failed chemical testing; or
  • Up to three years if you refused or failed chemical testing while transporting hazardous materials.

It’s important to remember the legal limit is different for underaged minors and commercial drivers. Commercial drivers cannot have a legal limit over .04 BAC when operating their commercial vehicle. Underaged minors have an incredibly low legal limit of just .02 BAC. A DWI conviction can lead to a criminal license suspension. This is completely unrelated to your administrative license suspension. In fact, you could possibly be required to complete two suspension terms before you can drive again. This is why it’s incredibly important you combat your administrative license suspension early before your trial. Listed below are the license suspension terms for a DWI conviction.

  • First Offense – License suspension for up to 1 year; or
  • Second or Subsequent Offense – License suspension for up to 2 years

Back to top

Additional Resources

Administrative License Revocation (ALR) Program – Visit the official website of the Texas Department of Public Safety (DPS) to learn more about their Administrative License Revocation process. Access the site to request a hearing, pay reinstatement fees and find more information surrounding ALR hearings. Texas Implied Consent Laws – Visit the official website of the Texas Penal Code to find more information about implied consent laws. Access the site to read the statutes, legal definitions, how samples are handled and more.

Lawyer for ALR Hearings in Houston, Texas

If you or someone you know who has recently failed or refused DWI testing, it’s vital you seek legal representation. The Texas Department of Public Safety (DPS) will suspend your license for months if you don’t act now. Take charge of this suspension now with [firm]. The attorneys at [firm] are experienced in DWI defense. We will use our skills, resources and defense tactics to help you get the best possible outcome for your case. Call us now at (713) 224-5529 for a free consultation. [firm] accepts clients throughout the Houston area and surrounding communities including Bellaire, West University Place and Pasadena.


This article was last updated on March 7th, 2019.


Use the form to submit your request for a free consultation.

*Use of this form does not constitute an attorney-client relationship.

Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he more
Read More Case Results
Tyler Flood & Associates
2019 Washington Ave. #300
Houston, TX 77007
(713) 224-5529
Get Directions to Our Office


Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
Copyright © 2024 Tyler Flood & Associates, Inc.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram