Texas record
Texas DWI ALR hearing deadline
- What the state calls it
- DWI at 0.08 BAC or above for most adult drivers
- Administrative action
- Administrative License Revocation (ALR), a civil process run by DPS that is separate from the criminal DWI case
- Deadline to contest
- 15 calendar days
- What starts the clock
- Transportation Code § 524.031 requires the request to reach DPS headquarters in Austin "not later than the 15th day after the date on which the person receives notice of suspension." § 724.041(a) uses the same wording for refusals. Where the notice is mailed instead, § 524.013(b) deems it received on the fifth day after mailing, which is why DPS tells drivers they have 20 days from a mailed notice.
- Agency
- Texas Department of Public Safety. The request must be received at DPS headquarters in Austin. The hearing itself is held by an administrative law judge at the State Office of Administrative Hearings.
- How to request
- In writing to DPS headquarters in Austin, including by fax, or by another manner DPS prescribes. DPS says you may be eligible to request online, by mail, email, phone, or fax, and asks you to include your name, date of birth, licence number and state, contact details, the date and county of arrest, the arresting agency and officer, and whether the test was failed, refused, or never requested.
- If the deadline passes
- DPS states that a request made after the 15 days will be denied and the suspension takes effect on the 40th day after you were served, which is usually 40 days after the arrest. § 524.012(d) makes the determination final unless a hearing is requested.
- If the test was refused
- The 15 day deadline is identical for a refusal and a failed test. The suspension lengths differ: 180 days for a first refusal and two years with a prior alcohol or drug enforcement contact in the last 10 years, against 90 days for a first failed test at 0.08 or above and one year with a prior contact.
- Statute
- Tex. Transp. Code § 524.031, Tex. Transp. Code § 724.041, Tex. Transp. Code § 524.013, Tex. Transp. Code § 524.021, Tex. Transp. Code § 524.011, Tex. Penal Code § 49.04
What this means after an arrest in Texas
An arrest in Texas normally starts two separate processes. The criminal DWI case goes to court on its own timetable. Separately, Texas Department of Public Safety. The request must be received at DPS headquarters in Austin. The hearing itself is held by an administrative law judge at the State Office of Administrative Hearings. can act against your license, and you have 15 calendar days to contest that.
The clock is described in the source as: Transportation Code § 524.031 requires the request to reach DPS headquarters in Austin "not later than the 15th day after the date on which the person receives notice of suspension." § 724.041(a) uses the same wording for refusals. Where the notice is mailed instead, § 524.013(b) deems it received on the fifth day after mailing, which is why DPS tells drivers they have 20 days from a mailed notice. That wording matters, because the date on your notice is what counts, not the date you got around to reading it.
What is different about Texas
Two Texas specifics matter and both are widely reported wrongly elsewhere. First, there is no longer a temporary driving permit issued at arrest. House Bill 4528, effective September 2023, removed both the officer's duty to take your licence and the duty to issue a temporary permit, so you keep your own licence and it stays valid until the suspension begins on the 40th day. Any page telling you that Texas gives you a 40 day temporary permit is out of date. Second, unlike California and Florida, a timely hearing request in Texas does stay the suspension until the judge decides, under § 524.032(d) and § 724.041(c). If you are acquitted of the criminal charge arising from the same events, § 524.015(b) requires DPS to rescind the suspension and remove it from your record.
What to do first
- Find the paperwork you were given at the roadside and check the date printed on it.
- Contact Texas Department of Public Safety. The request must be received at DPS headquarters in Austin. The hearing itself is held by an administrative law judge at the State Office of Administrative Hearings. or a Texas defense attorney about the hearing request before the deadline above.
- Keep a copy of everything you send, with the date you sent it.
- Read what to do after a DUI arrest for the wider picture, including the criminal case.
Sources
- Texas Transportation Code, Chapter 524 — Administrative Suspension for Failure to Pass Test — Texas Legislative Council (accessed 2026-08-20)
- Texas Transportation Code, Chapter 724 — Implied Consent — Texas Legislative Council (accessed 2026-08-20)
- H.B. 4528, 88th Legislature (2023), enrolled text — Texas Legislature Online (accessed 2026-08-20)
- Administrative License Revocation (ALR) Program — Texas Department of Public Safety (accessed 2026-08-20)
Change history
- 2026-08-20 — Record created from Tex. Transp. Code chs. 524 and 724, H.B. 4528 enrolled text, and Texas DPS ALR page. (casey-meraz)