Texas administrative license revocation — Transportation Code § 524.001
Texas administrative license revocation is governed by Transportation Code § 524.001. The rule defines the State's required steps, the defendant's rights at this stage, and the consequences of noncompliance. Below: the statutory text, the standard of practice in Collin, Dallas, Denton, and Tarrant Counties, and what a defendant should know before this stage.
Free, Confidential Case Review
Tell us what happened. A defense attorney reviews every submission — usually within an hour, day or night.
Classification: Civil administrative action — not a criminal offense
Punishment range: 90-day suspension for first failure of breath/blood test; 180 days for first refusal; 1-year failure / 2-year refusal for prior alcohol-related contact within 10 years
The controlling statute
Texas Transportation Code Chapter 524 (Administrative License Revocation, or ALR) provides for civil license suspension following a DWI arrest, separate from any criminal proceeding. If a driver refuses a specimen or provides one showing BAC of 0.08 or higher, DPS may suspend the driver's license. The driver has 15 days to request an ALR hearing before the State Office of Administrative Hearings. ALR runs parallel to and independent of the DWI criminal case — a defendant can lose the license civilly even if criminally acquitted, and vice versa.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 524.001 |
| Cluster | Transportation |
| Classification | Civil administrative action — not a criminal offense |
| Range | 90-day suspension for first failure of breath/blood test; 180 days for first refusal; 1-year failure / 2-year refusal for prior alcohol-related contact within 10 years |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 524.001 charge, the State must prove every element beyond a reasonable doubt:
- Driver was arrested for a DWI-related offense
- Officer had reasonable suspicion to stop and probable cause to arrest
- DIC-24 warnings were given before specimen request
- Driver refused the specimen or produced a specimen of 0.08 BAC or higher
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Administrative License Revocation case:
- No reasonable suspicion for stop — challenge under Terry v. Ohio standards
- No probable cause for arrest under McGee v. State factors
- Defective DIC-24 warning under § 724.015
- Specimen sample was unreliable due to collection or storage issues
- Failure of DPS to timely serve Notice of Suspension under § 524.011
- Officer did not appear at ALR hearing — failure of proof
Enhancements & collateral consequences
Section 524.022 doubles the suspension period (180 days vs. 90 for failure; 2 years vs. 180 days for refusal) when the driver has a prior alcohol-related contact within ten years. A second contact during license suspension can extend the period further and complicate eligibility for occupational license relief.
Key Legal Terms
- ALR Hearing
- Civil administrative proceeding before SOAH where DPS must prove statutory grounds for suspension by preponderance of evidence.
- Notice of Suspension (DIC-25)
- Form provided to the driver at arrest serving as temporary driving permit and triggering the 15-day deadline to request hearing.
- Alcohol-Related Contact
- Prior DWI arrest, refusal, or related suspension within ten years; enhances ALR suspension periods under § 524.022.
Frequently Asked Questions
How is ALR different from a DWI conviction?
How long do I have to request an ALR hearing?
Can I still drive while ALR is pending?
What happens at the ALR hearing?
Does winning ALR affect the DWI criminal case?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Administrative License Revocation? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London ensure attorney-level review at every stage. Free consultation. Frisco, Texas.
Call (972) 370-5060