Texas ( ARL ) Administrative License Suspension Laws

NOTE: If the person who refuses is a resident without a license, an order will be issued denying the issuance of a license to the person for 180 days.

NOTE: the term "prior alcohol or drug contact" as used to lengthen the period of suspensions stated above has been defined as “a driver's license suspension, disqualification, or prohibition order under the laws of this state or any other state resulting from a conviction for driving while intoxicated”, “a refusal to provide a requested specimen”, or “providing a specimen showing an alcohol concentration of a level specified in §49.01 Texas Penal Code” (an alcohol concentration of 0.08 or greater).

Reinstatement of Drivers License After Suspension

If no suspension is imposed at the hearing, DPS is obligated to return the Texas license to the person arrested. If a suspension is ordered either automatically or after hearing, a driver must submit a reinstatement fee of $125.00 to TDPS before the license will be reinstated. I advise my clients to send their fee to TDPS as soon as they learn that a suspension has been ordered. Again, because of the huge bureaucracy that has been created under the new law, waiting until the 60th or 90th day to submit your reinstatement fee will prolong reinstatement of your license until the fee has been both received and entered on the TDPS computer system.
There is a special TDPS form that must be submitted to reinstate your driving privileges. This form together with the reinstatement fee must be paid by money order, cashier's check or personal check and sent by certified mail, return receipt requested for proper documentation of payment and receipt to: Driver Improvement and Control Texas Department of Public Safety P.O. Box 15999 Austin, Texas 78761-5999

One Final Note

In addition to protecting your driving privileges, there is an equally important reason to request an ALR hearing, and that is to better defend you against the DWI charge. Unfortunately, most drivers, and many lawyers who are unfamiliar with DWI defense, do not realize the "discovery" importance of an ALR proceeding. In this regard, the importance of having a hearing to challenge your ALR case is twofold. First, with the assistance of a knowledgeable and skilled defense attorney, many drivers are able to avoid a suspension of their driving privileges. Second, by challenging your license suspension, you are providing your attorney with an opportunity to use the ALR hearing to learn more about how to best defend your DWI charge. In this regard, the "discovery" information obtained through the ALR process can be invaluable to your defense, and is often the deciding factor in determining whether the related DWI charges can be successfully defended against.