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Administrative
License Revocation
The ALR law took effect January 1, 1995. ALR is a civil,
administrative process unrelated to criminal court proceedings. Its goal is to
get drunk drivers off the road by revoking their driver
licenses.
How ALR Works:
- A
law enforcement officer determines that there is reasonable suspicion to stop a
driver and probable cause to arrest the motorist for drunk driving.
- If
the officer has reason to believe that the driver is impaired, a set of field
sobriety tests is administered. If the driver performs poorly, the driver is
arrested for DWI.
- Once at a police station or sheriff's office, the driver is asked to
take a chemical test to measure his blood alcohol concentration (BAC) level.
This is usually a breath test.
- The officer serves the offender with a notice that his driver
license will be suspended if he or she refuses to take the test or fails it
(registering a .08 BAC or greater).
- The officer confiscates the Texas driver license and issues a
temporary driving permit.
- The offender has 15 days from the date that the suspension notice is
received to request a hearing. If no hearing is requested, then the suspension
goes into effect on the 40th day after notice was served (usually 40 days after
arrest).
- The driver pays a $125 fee to reinstate the license after a period
of suspension.
- The ALR process also applies to individuals arrested for boating
while intoxicated (BWI) who refuse to take a chemical test.
Suspension Lengths:
The offender's license is suspended for failing the BAC test
for:
-
90 days, if a first offender;
- One year, if previously suspended for failing or refusing the test or previously
suspended for DWI, intoxication assault or intoxication manslaughter
conviction.
The offender's license is suspended for refusing the BAC test
for:
- 180 days, if a first offender;
- Two years, if previously suspended for failing or refusing the test or
previously suspended for DWI, or intoxication assault or intoxication
manslaughter conviction.

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