Driver’s License Revocation
Your license may be formally revoked for a Driving While Intoxicated offense. It is typical for the State of Texas to refuse to re-instate your license following a Driving While Intoxicated charge. You’ll need to set your expectations going into your future following your charge. However, as a citizen, you do have steps of recourse you can take under Texas state law as follows:
From the time of your arrest up until 15 days of the arrest, you will need to request an Administrative License Revocation (ALR) hearing. This is a hearing administered by the Texas Department of Public Safety, and it will determine whether you get to keep your license or whether you will need to give it up.
All of Texas’ Administrative License Revocation hearings are held at the State Office of Administrative Hearings, also known as SOAH. As someone who has been charged with a Driving While Intoxicated offense, you have a right to an Administrative License Revocation hearing if you request it in a “timely fashion” under the Texas law—which is up to 15 days of the arrest date.
But please keep in mind a very realistic viewpoint when filing for your hearing and attending: It is very unlikely that you will win at your Administrative License Revocation hearing. We’ve been to hundreds of these hearings, and the reality is that the State of Texas usually wins. So you should expect, in most cases and even with first-time Driving While Intoxicated charges, that you will lose your license.
What would be in your interest is to immediately begin thinking of the ways you will get around to work and to conduct other necessary tasks of your life without having to drive. A Driving While Intoxicated charge can upend your life and make it very difficult to keep your commitments. It will take some time to adjust – but you do not want to get in the situation of getting caught without having a license. The violation will only add to the threat of fines and jail time.