Administrative License Revocation (ALR) Program

September 29, 2020

 

The Administrative License Revocation (ALR) Program is a civil administrative process requiring the Department to suspend and/or disqualify your driver license if you are arrested for Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI) when you:

  • Refuse to take or fail to complete a blood or breath test, or
  • Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08% or more while driving a non-commercial motor vehicle, or
  • Provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.04% or more while driving a commercial motor vehicle.

The suspension of your driving privilege under the ALR program is unrelated to the criminal court proceedings for DWI or BWI. Additional information can be found in Texas Transportation Code Chapters 524 and 724.

ALR Process for DWI or BWI

If a law enforcement officer has reason to believe you are impaired, a set of field sobriety tests will be administered. If you fail the field sobriety tests you will be arrested for DWI or BWI.

  1. You will be asked to take a breath or blood test to measure your blood alcohol concentration (BAC) level. If you refuse to take or fail the field sobriety tests, your driver license will be suspended and/or disqualified.
    1. The law enforcement officer will issue you a suspension and/or disqualification notice.
    2. You have 15 days from the date the notice is served to request a hearing to contest your driver license suspension and/or disqualification.
    3. If a hearing is not requested, the suspension goes into effect on the 40th day after you were served notice. (This is usually 40 days after the date of arrest.)
  2. If you consent to a law enforcement officer's request to a blood test, you will not be issued a suspension notice until the BAC results are received by the Department. If the results indicate you provided a specimen above the legal limit, your driver license will be suspended and/or disqualified.
    1. A Notice of Suspension will be mailed to you.
    2. You have 20 days from the date the suspension notice is mailed to request a hearing to contest your driver license suspension.
    3. If a hearing is not requested, the suspension goes into effect on the 40th day after the date it is presumed the suspension notice has been received.
  3. A $125 Reinstatement fee is required prior to the renewal or issuance of your driver license, in addition to paying any other outstanding fees owed.

Hearings for ALR

In certain circumstances, you may be eligible to request a hearing to contest the suspension/disqualification of your driver license. You may request a hearing within 15 days of being served notice. The Department will process your request and respond to you at the address you provide with your hearing request. This letter will provide the date, time and location of your hearing. Please allow up to 60 days for this hearing to be scheduled.

All ALR hearings are held by the State Office of Administrative Hearings (SOAH). An Administrative Law Judge (ALJ) will listen to all parties' evidence and make a final determination of the driver license suspension/disqualification. If the ALJ finds that the Department has proven its case, the ALJ's order will authorize the suspension/disqualification of your driver license. If the ALJ finds that the Department has not proven its case, your driver license will not be suspended. Upon conclusion of the hearing, the ALJ will issue a decision that may be appealed and notification of the order will be sent to the parties.

You may be eligible to request a hearing online, by mail, by phone, or fax. If you request a hearing by mail or by fax, include your name, date of birth, driver license number, current mailing address, home and daytime telephone numbers, date and county of arrest, arresting agency, arresting officer, whether the test was failed, refused, or not requested (minor under 21 only), and such other information as requested by the Department on all documents so your record can be properly identified. If your hearing request is made after the 15 days, your request will be denied and the suspension will go into effect on the 40th day after you were served notice.

Mailing Address:

Texas Department of Public Safety
Enforcement and Compliance Service
P.O. Box 4040
Austin, TX 78765-4040

Fax Number:

512-424-2650

Phone Number:

800-394-9913 (ALR only)

Suspension Periods

If you are 21 years of age or older and your driver license is suspended for ALR, the following periods of suspension will apply:

  1. Refusal to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol or a controlled substance:
     

    180 Days        First Offense

    2 Years           If you have been previously suspended for failing or refusing a blood or breath test or for a conviction of DWI, Intoxication
                              Assault, or Intoxication Manslaughter during the 10 years preceding the date of your arrest.

     

  2. Provide a blood or breath specimen with an alcohol concentration of 0.08 or greater, following an arrest for an offense involving the operation of a motor vehicle or watercraft while intoxicated:
     

    90 Days          First Offense

    1 Year             If you have been previously suspended for failing or refusing a blood or breath test or for a conviction of DWI, Intoxication
                              Assault, or Intoxication Manslaughter during the 10 years preceding the date of your arrest.

     

If you are a minor (younger than 21 years of age) and your driver license is suspended for ALR, the following period of suspension will apply:

  1. Refusal to provide a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol or a controlled substance:
     

    180 Days         First Offense

    2 Years            If you have been previously suspended for failing or refusing a blood or breath test or for a conviction of DWI, Intoxication
                              Assault, or Intoxication Manslaughter during the 10 years preceding the date of your arrest.

     

  2. Failed a blood or breath test or a detectable amount of alcohol was found following an arrest for an offense involving the operation of a motor vehicle or watercraft while intoxicated.
     

    60 Days         First offense

    120 Days       If you have been previously suspended for failing or refusing a blood or breath test or for a conviction of DWI, Intoxication
                            Assault, Intoxication Manslaughter or Drug Offense during the 10 years preceding the date of your arrest.

    180 Days       For two or more of any combination of the following: previous suspensions for failing or refusing a blood or breath test
                            and/or convictions of DWI, Intoxication Assault, Intoxication Manslaughter or Drug Offense during the 10 years preceding
                            the date of your arrest.

     

  3. You were not requested to provide a blood or breath specimen following the arrest for an offense involving the operation of a motor vehicle or watercraft because the presence of alcohol was detected or measured by other means.
     

    60 Days        First offense

    120 Days      If you have been previously suspended for failing or refusing a blood or breath test or for a conviction of DWI, Intoxication
                           Assault, Intoxication Manslaughter or Drug Offense during the 10 years preceding the date of your arrest.

    180 Days      For two or more of any combination of the following: previous suspensions for failing or refusing a blood or breath test
                           and/o convictions of DWI, Intoxication Assault, Intoxication Manslaughter or Drug Offense during the 10 years preceding
                           the date of your arrest.

     

NOTE: You may receive a suspension for a DWI conviction and a suspension for a blood or breath test refusal or failure resulting from the same arrest.

Disqualification Periods

In addition to the suspensions listed above, if you are a commercial learner permit holder, a commercial driver license holder or were operating a commercial motor vehicle at the time of your arrest, the following periods of disqualification will apply:

  1. Refusal to provide a blood or breath specimen to determine the concentration of alcohol or the presence of a controlled substance while operating a motor vehicle in a public place.
     

    1 year            First Offense

    3 years          First Offense if you were transporting Hazardous Materials

    Lifetime         If you have been previously convicted for any violation as provided for in Texas Transportation Code Section 522.081(d).

  2. You provided a blood or breath specimen, while operating a motor vehicle in a public place, that showed an alcohol concentration of:
    1. 0.04 or more (commercial vehicle only)
    2. 0.08 or more (any vehicle)

1 year           First Offense

3 years          First Offense if you were transporting Hazardous Materials

Lifetime         If you have been previously convicted for any violation as provided for in 

Texas Transportation Code Section 522.081(d).

Occupational License

You may be eligible to apply for an occupational license to drive a non-commercial motor vehicle while your driver license is suspended. To learn more about occupational licenses or to determine if you may be eligible to apply, please visit the Occupational License webpage.

Driver Eligibility Status

To check the status of your driver license or to determine if you are eligible for reinstatement, visit the License Eligibility webpage. This page will provide you with information on what you will need to reinstate your driver license or driving privilege, including any fees you may owe. Once all compliance items have been processed and your mandatory suspension period has ended, your driver eligibility status will be updated to reflect "eligible".

For more information on Administrative License Revocations, please visit the Frequently Asked Questions webpage or download the Driver License Enforcement Actions chart for a complete list of driver license suspensions and revocations.