Texas Administrative License Revocation Information

How the Texas ALR Law Works

Adult Offenders

A law enforcement officer determines that there is a reasonable
suspicion for an initial traffic stop of a motorist. After contact with
the individual is initiated, the officer develops probable cause to
arrest the person for DWI. Specifically, if the officer has reason to
believe that the driver is impaired, a set of field sobriety tests may
be administered. If the driver performs poorly, the driver is arrested
for DWI and transported to the police station.

At the station, the driver is asked to submit to a chemical test to
measure his/her alcohol concentration. Usually, the individual is asked
to take a breath test, although the officer may request a blood
specimen. If the driver refuses to provide a specimen, or provides a
specimen with a prohibited alcohol concentration, the officer serves
the individual with a Notice of Suspension and confiscates the driver
license.

Offenders Under 21 Years of
Age


As with adult offenders, a law enforcement officer must have
reasonable suspicion to conduct a traffic stop. However, a full
custodial arrest is not required for a DUI offense, but is permitted,
according to the officer’s discretion. Once the officer determines that
the individual is under 21 years of age, and has reason to believe that
he/she has consumed alcohol, two distinct methods of enforcement are
possible.

In less serious cases, the officer will issue the driver a citation
for DUI, serve the individual with a Notice of Suspension and
confiscate the driver license. The minor will not be placed under
arrest and no chemical test will be requested. Alternatively, the
officer may proceed with a custodial arrest procedure if he believes
that the individual is seriously impaired. Field sobriety tests may be
administered and the minor will be arrested (or taken into custody) and
transported to the police station. The driver may be asked to submit to
a chemical test to measure his/her alcohol concentration. If the minor
refuses to provide a specimen or provides a specimen with any
detectable amount of alcohol, the officer will issue a citation for
DUI, serve the individual with a Notice of Suspension and confiscate
the driver license. Of course, the officer may arrest the minor for the
more serious offense of DWI if the circumstances warrant such a
charge.


Regardless of
age, the driver has 15 days from the date the Notice of Suspension is
served to request a hearing. If no hearing is requested,
the suspension automatically goes into effect on the 40th day after
notice was served. If the individual requests a hearing, the temporary
driving permit remains in effect until the date of the final decision
of the administrative law judge. The driver is required to pay a fee of
$125 to reinstate the license after the suspension period
expires.

Hearing Procedures

The ALR hearing is conducted at a location designated by SOAH in
either the county of arrest (if the arrest occurred in a county with a
population in excess of 300,000) or within 75 miles of the county seat
of the county of arrest. Alternatively, both parties may agree to hold
the hearing by teleconference. The hearing is conducted by an
Administrative Law Judge (ALJ) employed by SOAH and the DPS has the
burden of proof by a preponderance of the evidence. If the judge makes
an affirmative finding on all the relevant issues, the license is
suspended.

Adult Offenders


If the driver failed the breath or blood test, the ALJ must determine
whether (1) the person had an alcohol concentration of 0.08 or greater
while operating a motor vehicle in a public place; and (2) reasonable
suspicion to stop or probable cause to arrest the person existed.

If the driver refused to submit to a chemical test, the ALJ must
determine whether (1) reasonable suspicion or probable cause existed to
stop or arrest the person; (2) probable cause existed to believe that
the person was operating a motor vehicle in a public place while
intoxicated or operating a watercraft powered with an engine having a
manufacturer’s rating of 50 horsepower or more while intoxicated; (3)
the person was placed under arrest by the officer and was requested to
submit to the taking of a specimen; and (4) the person refused to
submit to the taking of a specimen on request of the officer.

Offenders Under 21 Years of
Age


If a chemical test was not requested or if the driver provided a
specimen with any detectable amount of alcohol, the ALJ must determine
whether: (1) the person is a minor and had any detectable amount of
alcohol in the minor’s system while operating a motor vehicle in a
public place; and (2) whether reasonable suspicion to stop or probable
cause to arrest or take the minor into custody existed.

If the driver refused to submit to a chemical test, the ALJ must
determine whether; (1) reasonable suspicion or probable cause existed
to arrest or take the minor into custody; (2) probable cause existed to
believe that the minor was operating a motor vehicle in a public place
while intoxicated or while having any detectable amount of alcohol in
the minor’s system or operating a watercraft powered with an engine
having a manufacturer’s rating of 50 horsepower or above while
intoxicated; (3) the minor was placed under arrest or taken into
custody and was requested to submit to the taking of a specimen; and
(4) the minor refused to submit to the taking of a specimen on request
of the officer.

An individual whose license has been suspended following an
administrative hearing may appeal the decision rendered by the ALJ. The
petition must be filed within thirty days of the decision in the county
court in the county of arrest. A properly filed appeal petition stays
the suspension for first offenders for up to ninety days.

Periods of Suspension

Penalties for Adults

Penalties for Offenders Under 21
Years of Age