David called us the morning after his arrest, still shaken.
“They took my license at the jail,” he said. “Am I just done driving? Do I lose it automatically?”
He had 13 days left to save it. He didn’t know that.
Here’s what most people don’t understand about a DWI arrest in Texas: you’re actually facing two separate cases at the same time. One is the criminal charge. The other is a civil administrative process that can take your driver’s license — and it moves fast, on its own timeline, whether your criminal case has been resolved or not.
If you’ve been arrested for DWI in Dallas, Plano, or anywhere in the Dallas-Fort Worth area, what you do in the next 15 days matters more than almost anything else.
The 15-Day Rule: Your Most Important Deadline
When a Texas officer arrests you for DWI and you fail or refuse a breath or blood test, the Texas Department of Public Safety automatically moves to suspend your license. This is called the Administrative License Revocation (ALR) process.
You have 15 days from the date of arrest to request an ALR hearing to challenge that suspension. Miss that window, and your license is suspended automatically — no hearing, no argument, no second chance.
That suspension kicks in 40 days after your arrest. First offense: 90 days. Refusal to test: 180 days. Repeat offense: up to two years.
Most people find out about this deadline too late.
What Happens at the ALR Hearing?
The ALR hearing is separate from your criminal case and takes place before the State Office of Administrative Hearings. At the hearing, we can challenge the suspension by arguing that the traffic stop was unlawful, that the officer lacked probable cause to arrest you, or that the breath or blood test was improperly administered.
Winning the ALR hearing means keeping your license while your criminal case is still pending — which can take months or longer to resolve.
There’s another reason the ALR hearing matters beyond your license: it gives us the opportunity to cross-examine the arresting officer under oath before trial. Everything they say on the record becomes ammunition we can use later if their story changes.
If Your License Is Suspended: The Occupational License
If suspension does go into effect, you’re not necessarily without options. Texas allows people with suspended licenses to apply for an occupational driver’s license — sometimes called an essential needs license — that permits driving to work, school, and essential household tasks.
Obtaining one requires a court order, proof of financial responsibility (SR-22 insurance), and in some cases installation of an ignition interlock device. It’s not a perfect solution, but for most people it’s the difference between keeping their job and losing it.
The Criminal Case and Your License Are Connected — But Separate
Here’s something that catches people off guard: you can win your ALR hearing and still be convicted of DWI criminally, or vice versa. These are two different systems operating under two different standards.
A criminal conviction for DWI carries its own mandatory license suspension — separate from whatever happened in the ALR process. That’s on top of fines, potential jail time, mandatory DWI education courses, ignition interlock requirements, and a permanent criminal record.
The stakes on both fronts are real. That’s why handling them simultaneously, from the moment of arrest, is so critical.
What You Should Do Right Now
If you’ve been arrested for DWI in the Dallas-Fort Worth area, your clock is already running. Request an ALR hearing immediately. Do not wait to see how the criminal case plays out first — by then, the deadline will have passed.
As former prosecutors who handled hundreds of DWI cases from the other side, we know how both the ALR process and the criminal courts in Collin County and Dallas County operate. We’ve tried over 200 jury trials between us. We know what prosecutors look for, and we know how to fight back.
Call Lewis & Ashworth today at 214-239-8007. A free consultation costs you nothing. Missing the 15-day deadline could cost you far more.
Lewis & Ashworth, PLLC | Criminal Defense Attorneys Plano, Texas | Serving the Dallas-Fort Worth Metroplex