Top 5 Mistakes Drivers Make When Preparing for Their ALR Hearing

If you’ve recently been arrested for DWI in Texas, there’s a good chance you’re also facing an Administrative License Revocation (ALR) hearing. It’s a separate process from your criminal case, but it’s just as critical—especially if you value your ability to drive. While the process might seem straightforward, far too many people make avoidable ALR hearing mistakes that cost them their licenses, their time, and in some cases, even weaken their defense in court.

In this article, we’ll walk through the top 5 ALR hearing mistakes drivers make, how to avoid them, and what you should do instead. We’ll do it in a way that’s easy to understand, with real examples and practical advice you can actually use. Whether you’re still waiting for your hearing date or scrambling to prepare, this guide is here to help you walk into that hearing room with confidence.

Mistake #1: Missing the Deadline to Request the ALR Hearing

Time Is Not on Your Side

One of the most common and devastating ALR hearing mistakes is missing the 15-day deadline to request a hearing after your DWI arrest. That’s right—you only have 15 days from the date of your arrest to request an ALR hearing with the Texas Department of Public Safety (DPS).

If you miss that window, your license will be automatically suspended—no questions asked.

Real-life example: Eric, a 32-year-old warehouse supervisor from San Antonio, was arrested for DWI after a work party. He assumed the ALR hearing would be scheduled automatically and didn’t submit his request. By the time he realized the deadline had passed, his license had already been suspended for 90 days, forcing him to rely on expensive rideshares to get to work.

This mistake is especially painful because it’s 100% avoidable. Mark your calendar, submit the request, and don’t wait for the court to do it for you. Being proactive is the first step in avoiding ALR hearing mistakes that can derail your case before it even starts.

Mistake #2: Assuming the ALR Hearing Isn’t That Important

It’s Not Just a Technicality

Many drivers think the ALR hearing is a formality and doesn’t carry much weight. That’s a serious miscalculation. The ALR hearing is your only chance to challenge the suspension of your driver’s license—and it can provide critical evidence for your criminal case too.

This isn’t just about keeping your driving privileges. What happens at the ALR hearing can shape your entire DWI defense strategy.

The hearing gives your attorney the opportunity to:

  • Cross-examine the arresting officer under oath
  • Challenge the legality of the traffic stop
  • Identify errors in the police report or breathalyzer process
  • Uncover weaknesses in the prosecution’s case

Skipping this hearing or walking in unprepared is one of the most underestimated ALR hearing mistakes. It’s not a box to check—it’s a strategic opportunity to fight back.

Mistake #3: Showing Up Without a Lawyer

You Wouldn’t Represent Yourself in a DWI Trial, So Why Here?

Some people decide to attend their ALR hearing without legal representation, thinking they can “just explain” their side of the story. Big mistake. The officer who arrested you will be there, and you’ll be under oath. You’ll be facing trained legal professionals—and you’ll be doing it alone.

This is one of the more dangerous ALR hearing mistakes, because it can actually make your criminal case worse. Anything you say at the hearing can be used against you later in court.

Example: Jasmine, a 25-year-old nursing student, attended her ALR hearing without an attorney. She admitted she had a “couple of drinks” before driving, thinking honesty would help her case. That statement was later used by the prosecution during her DWI trial to prove intoxication.

Having an attorney at your ALR hearing isn’t just smart—it’s essential. They know how to ask the right questions, keep you from saying the wrong things, and leverage the hearing to build a stronger overall defense.

Mistake #4: Not Challenging the Evidence

Don’t Assume the State Has Everything Right

One of the biggest ALR hearing mistakes is treating the police report or breathalyzer results like they’re infallible. They’re not. Officers make mistakes. Equipment fails. Procedures aren’t followed.

The ALR hearing is your chance to shine a light on these issues. With the help of a skilled DWI attorney, you can challenge:

  • Whether the officer had legal cause to stop your vehicle
  • How the field sobriety tests were administered
  • Whether the breathalyzer was properly calibrated
  • If the officer followed all proper procedures

Real-world scenario: Daniel, a mechanic from Fort Worth, was stopped for a broken taillight. The officer claimed Daniel smelled like alcohol and failed a field sobriety test. But during the ALR hearing, his attorney proved the breathalyzer used in Daniel’s arrest hadn’t been calibrated in over three months. That information later helped get the criminal charges dismissed.

Never assume the system got it right. When you’re preparing, go through every detail. Overlooking this is one of the more costly ALR hearing mistakes you can make.

Mistake #5: Failing to Prepare Testimony and Documentation

Walk in Ready or Risk Losing

Even if you have an attorney, you should still take your own preparation seriously. This is your license and reputation on the line. Showing up to your ALR hearing without reviewing the arrest report, organizing documents, or preparing mentally is a recipe for disaster.

Common evidence that can help:

  • Dashcam footage from your vehicle or the officer’s car
  • Witness statements
  • Receipts that prove your location or time of alcohol consumption
  • Medical records that may explain failed field tests (e.g., vertigo, knee issues)
  • Any inconsistencies between the officer’s report and actual events

Preparation isn’t just your lawyer’s job—it’s yours too. Failure to collaborate with your attorney or bring supporting documents is one of the more preventable ALR hearing mistakes, and one that could mean the difference between keeping or losing your license.

Understanding the ALR Hearing Process in Texas

What Actually Happens at the Hearing?

If you’re wondering how this all plays out, here’s a quick overview of what to expect at your ALR hearing:

  • It’s held before an administrative law judge—not a criminal court. The setting is less formal than a criminal trial, but the consequences are just as real.
  • The arresting officer is usually required to attend. Their testimony often becomes the foundation for the judge’s decision.
  • The judge listens to both sides and reviews the evidence. This includes the police report, any video footage, breath or blood test results, and witness statements if available.
  • You (or your lawyer) can question the officer under oath. This cross-examination can reveal inconsistencies or errors that may benefit your case.
  • The judge determines whether your license should be suspended. Their ruling is based on the evidence presented—not on the criminal charges you’re still facing.

This hearing is often the first major step after a DWI arrest, and it can be a goldmine of information for your defense attorney—if you handle it right. Treating it seriously from the start can improve your odds in both the administrative and criminal sides of your case. That’s why dodging ALR hearing mistakes early on can set the tone for a much better outcome down the road.

Timeline: How Quickly the ALR Hearing Process Moves

The Clock Starts Ticking Immediately

As mentioned earlier, you have 15 days to request a hearing after your arrest. Once requested:

  • DPS will schedule the hearing, usually within 40–60 days
  • You’ll receive a letter with the date, time, and location
  • You may be granted a temporary driving permit while waiting

If you win the hearing, your license stays valid. If not, your suspension begins shortly after. Being aware of this timeline is just as important as avoiding ALR hearing mistakes—because missing deadlines is the same as losing by default.

Real-Life Story: Thomas’s Wake-Up Call

Thomas, a delivery driver in Austin, had a clean record until a night out with friends ended in a DWI arrest. He didn’t think the ALR hearing mattered and forgot to request one. By the time he reached out to an attorney, it was too late.

Not only did he lose his license, but it also affected his job. He had to borrow money to pay for a restricted occupational license and fight through a delayed court case—without the benefit of having any cross-examination from the ALR hearing.

Had Thomas taken the ALR hearing seriously, he could have preserved evidence, questioned the officer, and maybe even kept his license. His story is a tough lesson in how ALR hearing mistakes can turn a bad situation into something worse.

Final Thoughts on ALR Hearing Mistakes and How to Avoid Them

The ALR hearing is your first real opportunity to fight for your rights after a DWI arrest—and it often sets the tone for everything that follows. Whether it’s keeping your license, building your defense, or reducing the damage to your record, it matters.

Avoiding these common ALR hearing mistakes—missing the deadline, underestimating the hearing, going in without a lawyer, failing to challenge evidence, and not preparing—can dramatically improve your chances of a favorable outcome.

So don’t wing it. Don’t wait. Talk to a qualified DWI defense attorney, take the process seriously, and give yourself the best chance at walking away with your license—and your future—intact.

At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.