How to Request a Hearing Before Suspension in Texas

Texas triggers an automatic license suspension the moment you're arrested for DWI or refuse a breath test — not when you're convicted. You receive a Notice of Suspension at the arrest, and that notice starts a 20-day clock to request an Administrative License Revocation hearing with the Texas Department of Public Safety. If you request the hearing within 20 days, your license stays valid until the hearing officer issues a decision. Miss the deadline and your suspension starts on the 40th day after arrest, regardless of whether your criminal case is still pending. This hearing is separate from your criminal trial. Winning the ALR hearing keeps your license valid even if you're later convicted in criminal court, though the conviction will add points to your driving record and trigger carrier surcharges that typically last three years.

You request the hearing by mailing Form DIC-25 to the Texas DPS address printed on your Notice of Suspension, or by faxing it to the regional office listed on the notice. Online requests are not accepted as of current DPS rules. The form requires your name exactly as it appears on your license, your driver license number, the date of arrest, the arresting agency name, and your mailing address for hearing notices. You must also pay a $125 hearing fee by check or money order made out to the Texas Department of Public Safety. DPS counts the request as filed on the postmark date, not the date they receive it. If day 20 falls on a weekend or state holiday, the deadline extends to the next business day. Fax requests are timestamped when DPS receives them, so mail is often safer if you're near the deadline.

The hearing is conducted by a DPS administrative law judge, not a criminal court judge. The only issues the judge considers are whether the officer had reasonable suspicion to stop you, probable cause to arrest you, and whether you refused testing or failed a breath test above the legal limit. The hearing officer does not consider whether you were actually intoxicated, whether the stop was fair, or whether you plan to plead guilty in criminal court. DPS presents evidence first — typically the arresting officer's testimony and the arrest video. You or your attorney can cross-examine the officer and present witnesses. If the judge rules in your favor, your license stays valid and no suspension appears on your driving record. If the judge sustains the suspension, it begins immediately unless you're under 21 or refused testing, in which case statutory suspension periods apply: 90 days for a first refusal, 180 days for a first failed test over .08, and longer periods for repeat offenses.

The ALR hearing only addresses the administrative suspension tied to your arrest. If you're later convicted of DWI in criminal court, Texas assigns points to your driving record under a separate system — and those points can trigger a different suspension if you accumulate too many within a rolling window. Texas suspends your license if you accumulate 6 or more moving violation points in three years. A DWI conviction does not assign numeric points, but it triggers an automatic suspension under habitual violator rules. Speeding tickets, running red lights, and at-fault accidents all add points that stack toward the 6-point threshold. You can request a point-suspension hearing by writing to the Texas DPS Driver Improvement Bureau within the timeframe stated on your suspension notice, but this is a separate process from the ALR hearing and has different evidence rules. Most drivers with pending criminal cases need both hearings to protect their license through trial and conviction.

Winning the ALR hearing stops the administrative suspension from appearing on your public driving record, which means carriers reviewing your MVR at renewal will not see a suspension line item. But if you're later convicted of DWI in criminal court, the conviction itself appears on your record and triggers a surcharge that typically raises your rate 60-90% for three to five years. Losing the ALR hearing adds a suspension line to your driving record. Most carriers treat a suspension as a major violation equivalent to DWI, even if the underlying charge is later dismissed. You'll see rate increases in the 50-80% range, and preferred carriers like State Farm and Allstate typically non-renew policies after a suspension appears. Texas does not require SR-22 filing after an ALR suspension alone, but if you're convicted of DWI or accumulate enough points to trigger a habitual violator suspension, the reinstatement order will include an SR-22 requirement. The filing itself costs $15-25 through DPS, but carriers add a policy surcharge of $300-600 per year for the SR-22 endorsement, and non-standard carriers who accept SR-22 risks quote monthly premiums 40-70% higher than standard market rates.

If you miss the 20-day request window, your suspension becomes final on day 40 and you lose the right to an ALR hearing for that arrest. Your only option is to wait out the suspension period or apply for an occupational driver license, which allows you to drive for work, school, and essential household duties during the suspension. You file for an occupational license in the justice or municipal court where your criminal case is pending, or in the county court at law if no criminal case was filed. The petition requires proof of insurance, a $10 filing fee, and a written statement of the routes and times you need to drive. The court typically issues a 30-day temporary order within 72 hours and schedules a hearing for a permanent order valid up to two years. An occupational license does not remove the suspension from your driving record. Carriers still see the suspension at renewal and apply the same surcharges as if you had driven on a fully suspended license. The only advantage is that you avoid additional violations for driving while suspended, which would add more points and extend your suspension timeline.

Once a suspension or DWI conviction appears on your Texas driving record, preferred carriers either non-renew your policy or quote renewal premiums 60-90% higher than your pre-violation rate. You'll need to compare standard and non-standard carriers who specialize in high-risk drivers. Progressive and Nationwide write policies for drivers with one recent major violation and typically quote monthly premiums 50-70% above clean-record rates. Non-standard carriers like Acceptance Insurance and Gainsco operate exclusively in Texas and quote drivers with multiple violations or suspensions — expect monthly premiums of $180-280 for minimum liability coverage. Request quotes from at least three carriers and disclose your suspension or conviction accurately. Misrepresenting your record to get a lower quote voids your policy if you file a claim, and Texas carriers run MVR checks at renewal. Most surcharges phase out after three years from the violation date, not the conviction date, so mark your calendar and re-shop your policy 36 months after the arrest to regain access to preferred carrier rates.