ALR Hearing Lawyer In Conroe, TX
A DWI arrest in Montgomery County can open a second case that is only about your driver's license. An administrative judge decides it, not the criminal court, and a hearing happens only if one is requested in time.
What Is An ALR Hearing In Texas?
An ALR hearing is a civil hearing before a State Office of Administrative Hearings judge on whether the Texas Department of Public Safety may suspend a driver's license after a DWI arrest where a test was failed or refused. Transportation Code chapters 524 and 724 govern it. A request has to reach DPS within 15 days after the notice of suspension is received, or the suspension starts on day 40.
Source: Texas Transportation Code Chapter 524, Administrative Suspension of Driver's License
Understanding Texas Law
How Does An ALR Hearing Work In Texas?
ALR is short for administrative license revocation. The hearing answers one question: may the Texas Department of Public Safety suspend a driver's license because of a DWI arrest? The criminal charge in Montgomery County is not on the table, and neither is guilt.
Two statutes feed into it. Transportation Code chapter 524 applies when a breath or blood test showed 0.08 or more. Chapter 724 applies when the driver refused to give a specimen. In both, the officer's paperwork starts the suspension and DPS carries it forward.
The judge is an administrative law judge from the State Office of Administrative Hearings. DPS presents its side and the driver can contest it. The ruling has no effect on the criminal file, and the criminal court has no say over the ruling.
The suspension is automatic unless someone asks for a hearing. The request is due within 15 days after the person receives the notice of suspension, and a mailed notice is treated as received on the fifth day after mailing (§ 524.013).
What DPS has to prove after a test result (§ 524.035):
- Reasonable suspicion for the stop, or probable cause for the arrest
- An alcohol concentration of 0.08 or more while operating a motor vehicle in a public place
- For a driver under 21, any detectable amount of alcohol
What DPS has to prove after a refusal (§ 724.042):
- Reasonable suspicion or probable cause for the stop or arrest
- Probable cause to believe the person was operating while intoxicated
- The person was arrested and asked for a specimen
- The person refused
The standard is a preponderance of the evidence.
Penalties And Consequences
How Long Is A License Suspended After A DWI Arrest In Texas?
A timely request holds the suspension off. Without one, it begins on day 40 after the notice, even if the criminal charge is later dismissed or never filed. The periods below are what the statutes set, not a forecast for any one driver.
Counted from the day the notice was received or is treated as received.
One year with a prior alcohol or drug contact in the previous ten years.
Two years with the same kind of prior contact.
- Breath or blood at 0.08 or more
- A 90 day suspension, or one year if the driver had an alcohol or drug related enforcement contact in the ten years before (§ 524.022).
- Specimen refused
- 180 days, or two years with a prior enforcement contact in the previous ten years (§ 724.035).
- Request deadline
- 15 days after receipt of the notice of suspension, made to DPS (§ 524.031).
- No request made
- The suspension takes effect on day 40 (§ 524.021).
- Effect of a timely request
- The suspension is held off until the judge's final decision (§ 524.032).
- Standard of proof
- A preponderance of the evidence (§ 524.035), well below proof beyond a reasonable doubt.
- Who decides
- An administrative law judge of the State Office of Administrative Hearings, who hears the case by telephone or videoconference.
- Reinstatement fee
- DPS lists a $125 fee for reinstating a license after an ALR suspension.
- If the suspension is sustained
- A petition for judicial review is due within 30 days after the decision is final (§ 524.041).
DPS cannot set a hearing earlier than the 11th day after notice of the hearing unless both sides agree, and it tells drivers to allow up to 60 days for scheduling. A timely request keeps the suspension on hold during that wait.
Real Questions
What Do People Ask About An ALR Hearing In Texas?
What if the officer never gave me a notice?
Can the judge shorten or probate a suspension?
Does testimony at the hearing matter for the criminal case?
Is a refusal hearing different from a failed test hearing?
Does an ALR case apply to a boat or to a driver under 21?
Possible Defenses
How Is An ALR Hearing Contested?
The issues are narrow and DPS carries them. An attorney reads the officer's sworn report, the notice, the test or refusal record and any video, and asks whether each issue can be proved. If the judge cannot find every issue for DPS, the license stays valid.
The statute adds one firm limit: a judge may not find that a driver was at the legal level when the breath or blood analysis showed a lower result at the time of collection (§ 524.035).
A blood warrant night leaves more to examine.
Montgomery County runs a No Refusal program. A driver who refuses a breath test does not end the testing. The officer contacts an on-duty prosecutor who drafts a blood search warrant, an on-call judge reviews it for probable cause, and if signed, blood is drawn by a nurse over the driver's objection.
That means the file can hold a search warrant affidavit, a judge's signed order with a time stamp, and a nurse's draw record. Probable cause for a warrant is judged by what the sworn affidavit says, not by facts added afterward.
The Stop
Did the officer have reasonable suspicion to make the stop or begin the contact?
The Arrest
Was there probable cause to believe the person was operating while intoxicated?
The Warning
Was the statutory warning given orally and in writing before a specimen was requested?
The Request
Was a specimen actually requested, and what exactly did the driver say?
The Instrument
Do the maintenance and analysis records support the breath result on the report?
The Timing
Was the request filed in time, counted from the right notice date?
Local Process
What Happens After A DWI Arrest In Montgomery County?
The license case follows statewide law. Who made the arrest, where the driver was booked and where the criminal case is heard are specific to Montgomery County. The program runs weekends, holidays and selected enforcement periods, publicized in advance.
The Notice
When the notice of suspension is served, the 15 day window opens.
The Request
A request to DPS inside the window holds the suspension off while the hearing is pending.
The Hearing
DPS relies on the officer's sworn report and the test or refusal record, and the judge decides the statutory issues on that record and any testimony.
The Ruling
The judge sustains the suspension or rules against DPS, in which case the license stays valid.
- Where it is filed
- A first or second DWI is filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office. A felony DWI is heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, the building that also houses the Montgomery County District Attorney's Office.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail, 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Criminal appeals go to the Ninth Court of Appeals in Beaumont.
A suspension does not have to mean no driving at all. An occupational license, issued by court order under Transportation Code chapter 521, subchapter L, spells out when and why the person may drive. It cannot be used to operate a commercial vehicle, and the commercial vehicle DWI page explains that separate track.
The criminal stages are on the DWI court process page, and the testing evidence behind both cases is on the breath and field sobriety testing page.
Next Steps
What Should You Do After A DWI Arrest To Protect Your License?
The days right after an arrest matter because the deadline starts without any action on your part. These steps are general information, not advice for any one person.
Find The Notice Date
Locate the notice of suspension and the day you received it. If a blood result is pending, note when you were released.
Count 15 Days
Count 15 days from receipt, and ask a lawyer how a mailed notice changes the count.
Gather Your Details
Collect the arrest date, agency, officer name and your license number, which DPS asks for in a request.
Keep Every Paper
Save the notice, bond papers, test paperwork and property receipts from the Montgomery County Jail.
Ask About Driving
Ask what driving, if any, is possible during a suspension, including an occupational license.
Mind A Commercial License
A commercial driver faces a separate disqualification that an occupational license does not lift.
Speak with a lawyer before the window closes. DPS denies late requests, and the suspension takes effect whether or not the criminal charge is later dropped. Mitchell Law Firm offers a confidential conversation about the license case after a DWI arrest in Montgomery County. The underage DUI page covers drivers who face different rules.
Official Texas Sources
Read The Law Behind This Page
- Texas Transportation Code Chapter 524: Administrative suspension after a failed test
- Texas Transportation Code Chapter 724: Implied consent, refusals and the refusal hearing
- Texas Transportation Code Chapter 521: Occupational driver's licenses and suspension after conviction
- Texas Department of Public Safety: Administrative License Revocation program
- Texas Department of Public Safety: Alcohol-related offenses and license reinstatement
- Texas Penal Code Chapter 49: The DWI offense and the 0.08 definition
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Conroe, TX
The license case runs beside every DWI charge in the county, from a first offense to a felony. See the full DWI defense overview for Conroe.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Montgomery County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
ALR Hearing Questions People In Conroe Ask
How do I request an ALR hearing after a DWI arrest in Conroe, TX?
The request goes to the Texas Department of Public Safety, not to the court handling the criminal charge, and it has to be made within 15 days after you receive the notice of suspension. DPS then schedules a hearing before an administrative law judge of the State Office of Administrative Hearings. A request made inside the window keeps the suspension from starting on day 40 while the case is pending.
Does the Montgomery County No Refusal program change the license case?
A driver who declines a breath test during a No Refusal period can still end up with a blood result drawn under a search warrant that an on-call judge signed. The refusal itself stays on record under Transportation Code chapter 724, which sets a 180 day suspension, or two years with an alcohol or drug enforcement contact in the previous ten years. The warrant and the refusal are separate pieces of the file.
How long is a license suspended after a failed test in Conroe, TX?
Transportation Code § 524.022 sets a 90 day suspension when a breath or blood test shows an alcohol concentration of 0.08 or more. The period is one year if the driving record shows an alcohol or drug related enforcement contact in the ten years before the arrest. Any suspension a court orders after a conviction is separate from this one.
What does DPS have to prove at an ALR hearing for a Montgomery County arrest?
After a test result, § 524.035 asks the judge two things: whether there was reasonable suspicion for the stop or probable cause for the arrest, and whether the person had an alcohol concentration of 0.08 or more while operating a motor vehicle in a public place. DPS carries those issues by a preponderance of the evidence, which is a lower standard than the one used at a criminal trial.
Can I drive to work during a license suspension in Conroe, TX?
Texas law provides an occupational driver's license under Transportation Code chapter 521, subchapter L. A court order sets the hours and purposes of driving, and the statute caps driving at four hours in 24 unless the court finds a need for up to 12 (§ 521.248). An SR-22 insurance filing is required, and an order that includes an ignition interlock removes the waiting period (§ 521.251).
Does the ALR ruling in Conroe decide the DWI charge?
The license case and the criminal case are independent. The administrative judge rules only on the suspension, under a preponderance standard, while the criminal charge moves through the county courts under proof beyond a reasonable doubt. A ruling at the ALR hearing, in either direction, is not a finding of guilt or innocence in the criminal case.
Mitchell Law Firm, PLLC
The Window Closes On Day 15
The notice of suspension started a clock. Calling now is how the hearing stays available.
Conroe Office
