Comal County Administrative License Revocation Lawyer

A DWI arrest in Comal County does not just trigger a criminal case. Within fifteen minutes of a failed or refused breath test, law enforcement typically hands you a form that starts a completely separate clock, one that has nothing to do with the courthouse in New Braunfels. That document is notice of an Administrative License Revocation, commonly called an ALR, and the Texas Department of Public Safety will move to suspend your driver’s license unless you act within fifteen days of your arrest. Most people spend those first two weeks focused on bail and hiring a criminal lawyer, and they miss the ALR deadline entirely. When that happens, the suspension becomes automatic, regardless of how the criminal case turns out.

That fifteen-day window is not flexible. If you were arrested on a highway through New Braunfels, pulled over near Canyon Lake, or stopped at a checkpoint running through the Hill Country communities of Comal County, the ALR process began the moment that officer presented you with the DPS notice. Requesting a hearing preserves your license while the case is pending and opens up a strategic opportunity that experienced defense attorneys use to their advantage, often months before a criminal trial date is ever set.

The Comal County administrative license revocation lawyer at The Law Offices of David C. Hardaway handles both sides of this problem. We request the ALR hearing to protect your driving privileges, and we use that hearing to build your criminal defense at the same time. These two proceedings are connected, and treating them in isolation is one of the most costly mistakes someone can make after a DWI arrest.

What the ALR Hearing Actually Does for Your Defense

The ALR hearing takes place before the State Office of Administrative Hearings, not in a county criminal court. It is an administrative proceeding where the question is narrower than in a criminal trial: did the officer have reasonable suspicion to stop you, did the officer have probable cause to arrest you, and did you refuse or fail a chemical test? Those seem like simple questions, but the answers require the same witnesses and the same evidence that the prosecution plans to use in your criminal case.

When we request a hearing and the case proceeds, the arresting officer is required to appear and testify. That testimony happens under oath, months before trial. Every inconsistency, every gap in the officer’s memory, every deviation from proper procedure gets locked into the record. If the officer’s account changes between the ALR hearing and the criminal trial, we have the transcript. If the stop was not properly justified, we develop that argument first in the administrative setting and then carry it into a motion to suppress in the criminal court. This is why requesting the hearing matters even when clients think the suspension is minor compared to the criminal case: the hearing is a discovery tool that the criminal defense side cannot replicate any other way.

The Law Offices of David C. Hardaway has built its practice around exactly this kind of detail-driven, cross-proceeding strategy. Clients like Jason K., who saw his case dismissed, and Robert R., who obtained the outcome he was hoping for, reflect what rigorous investigation and procedural discipline can accomplish. When you are facing both an ALR suspension and a DWI charge in Comal County, having an administrative license revocation attorney who understands how both cases feed each other is not a luxury, it is the difference between a coordinated defense and two separate fires burning at once.

Common ALR Situations Comal County Drivers Face

• Breath test failure at a DWI stop: When a driver registers above the legal limit on a breath test, DPS automatically initiates the ALR suspension process. The officer typically serves notice on the scene, and the fifteen-day clock starts from the date of arrest, not the date the paperwork reaches you.
• Chemical test refusal: Refusing a breath or blood test triggers an ALR suspension that is typically longer than the suspension for a failed test, under Texas law’s implied consent framework. A refusal also carries its own strategic implications for the criminal side of the case.
• Blood draw results arriving late: In many Comal County DWI arrests, particularly those involving suspected drug impairment, officers obtain a warrant for a blood draw. The results may not arrive for weeks, but the ALR process begins at arrest. You must still request the hearing within fifteen days even if the lab has not reported yet.
• Commercial driver’s license holders: CDL drivers face a different threshold for license action and different consequences. A single ALR suspension can end a commercial driving career. The stakes for CDL holders in Comal County’s logistics and transportation sector are significantly higher than for a standard license.
• Drivers under 21 facing a zero-tolerance stop: Texas applies a lower threshold for drivers under the legal drinking age. A young driver who blows any detectable amount can face ALR proceedings even at levels that would not trigger action for an adult driver.
• Out-of-state license holders arrested in Comal County: Texas still initiates ALR proceedings even when the driver holds an out-of-state license. The suspension attaches to your right to drive in Texas and may trigger your home state to take parallel action on your own license.
• Repeat offense escalation: A second or third ALR proceeding carries longer suspension periods and can affect whether a driver is eligible for an occupational license. Prior ALR history is something we examine carefully when building a defense strategy.

What to Do in the First Two Weeks After a Comal County DWI Arrest

The single most time-critical thing you can do after a DWI arrest in Comal County is contact an attorney who handles ALR proceedings before that fifteen-day window closes. The request for a hearing must be submitted to the Texas Department of Public Safety, and if it is not received in time, DPS issues the suspension automatically and there is no administrative appeal available. The window does not extend because you were focused on your criminal case, because you were traveling, or because the paperwork was confusing.

While you are gathering information to share with your attorney, preserve everything from the night of the arrest. The DIC notice the officer gave you, any paperwork from the jail, any receipts from the breath test process, the names of any witnesses who were with you, and photographs of the vehicle and location if they are available. Do not discuss the facts of your arrest with anyone other than your attorney, including on social media, because those statements can be used in either the ALR hearing or the criminal proceeding.

ALR hearings in Texas are conducted through the State Office of Administrative Hearings. The Comal County criminal case, if a DWI charge is filed, moves through the 207th District Court or the Comal County Court at Law, both located at the Comal County Courthouse in New Braunfels on Court Street. These are two entirely different venues with different judges and different procedures, which is one reason why fragmented representation, using one attorney for criminal and handling ALR on your own, creates real problems.

If you are concerned about driving during the suspension period while the ALR case is pending, Texas allows eligible drivers to apply for an occupational license, which permits driving to and from work, school, and essential activities. The requirements and restrictions vary depending on prior license history, and your attorney can advise on whether you qualify and help prepare the application. The relevant county court for an occupational license petition in Comal County is the Comal County Court at Law in New Braunfels.

One mistake that costs people significantly is waiting to see what happens with the criminal case before addressing the ALR. The criminal case can take months. The ALR suspension, if unchallenged, takes effect forty days after the arrest date. By the time a first court setting on the criminal charge occurs, a driver who missed the ALR deadline has often already been suspended for weeks and may have accumulated additional driving while license invalid exposure on top of the original charge.

Questions About Comal County ALR Cases

What exactly is the fifteen-day deadline and when does it start?

The fifteen-day period to request an ALR hearing begins on the date of your arrest, not the date you appear in court or the date you receive written confirmation from DPS. The officer typically serves the notice of suspension at the scene or at booking. If the fifteenth day falls on a weekend or holiday, the deadline shifts to the next business day, but you should never rely on that calculation without confirming with an attorney.

Does requesting the hearing actually stop the suspension?

Yes. A timely hearing request puts the suspension on hold while the administrative case is pending. If you miss the deadline, the suspension becomes effective automatically forty days after your arrest and there is no administrative mechanism to undo it. That is why the deadline matters more than almost any other step in the process.

Can I win the ALR hearing and still be convicted of DWI?

These are entirely separate proceedings with different legal standards. A successful ALR outcome, meaning the administrative judge rules in your favor and the suspension is dismissed, does not result in a not-guilty verdict on the criminal charge. The reverse is also true: a guilty plea or conviction on the criminal side does not automatically determine the ALR outcome if the hearing has not yet concluded.

What happens at the actual ALR hearing?

The hearing is a formal administrative proceeding before a judge from the State Office of Administrative Hearings. The DPS attorney presents the arresting officer’s testimony and the chemical test records. Your attorney cross-examines the officer, challenges the admissibility of test results, and argues any procedural or constitutional issues with the stop and arrest. If DPS fails to prove one of the required elements, the judge can dismiss the suspension.

How long does a Comal County ALR case typically take to resolve?

After a timely hearing request, ALR hearings are generally scheduled within several months, though scheduling can vary. During that entire period, assuming the request was filed on time, your license remains valid. The actual hearing typically lasts less than a full day, and the administrative judge issues a ruling afterward.

If I refused the breath test, is my ALR case already lost?

No. A refusal does trigger a longer potential suspension, but the DPS still must prove at the hearing that the officer had lawful authority to stop and arrest you, that you were properly warned of the consequences of refusal, and that you actually refused. Each of those elements can be challenged. Officers sometimes fail to properly administer the statutory warning, which can be grounds to challenge the refusal finding entirely.

Will the ALR hearing officer’s ruling affect my criminal case in Comal County?

Not directly, because the two systems are legally separate. However, the hearing itself generates sworn testimony that your criminal defense attorney can use. If the officer’s account at the ALR hearing differs from what appears in the police report or from what the officer later says at trial, that inconsistency becomes a credibility issue that the defense can exploit in the criminal proceeding.

Can a DWI ALR suspension affect my ability to keep a professional license in Texas?

Potentially, yes. Certain licensed professionals in Texas, including healthcare workers, commercial drivers, attorneys, and others regulated by state boards, have reporting obligations when their driving privileges are affected. The specifics depend on the licensing board’s rules, but a suspension or revocation is not always a private matter between you and DPS. This is a question worth raising with your attorney early in the process.

What if I was driving a company vehicle when I was arrested?

The ALR proceeding is tied to your personal driver’s license, not the vehicle. However, depending on your employer’s policies and your job responsibilities, an ALR suspension could affect your employment even before the criminal case concludes. If your job requires a valid license, preserving your driving privileges through a timely hearing request is especially important.

Is it possible to get an occupational license during an ALR suspension in Comal County?

Texas provides for occupational licenses for drivers whose licenses are suspended if they can demonstrate essential need, such as driving to work, school, or for household necessities. Eligibility depends on factors including prior suspension history and the nature of the underlying offense. A petition for an occupational license is filed in the appropriate county court, and the requirements must be met precisely to avoid denial. An ALR attorney familiar with Comal County court procedures can walk through whether you qualify and prepare the filing correctly.

Does the ALR process apply if my DWI arrest happened on private property in Comal County?

Yes. Texas implied consent law applies broadly and is not limited to arrests on public roads. If an officer had lawful authority to make the DWI arrest regardless of where it occurred, the ALR process follows. The private property question can affect certain aspects of the criminal case, but it does not create an exemption from the administrative license revocation process.

Serving Drivers Across Comal County and the Surrounding Communities

The Law Offices of David C. Hardaway represents clients facing ALR proceedings throughout Comal County and the broader Central Texas region. In Comal County, we regularly handle cases arising from arrests in New Braunfels, Bulverde, Spring Branch, Canyon Lake, Garden Ridge, and Schertz, as well as along the I-35 corridor that runs through the heart of the county. We also represent drivers from the Gruene area, Smithson Valley, Hunter, and the rural stretches of the county where Highway 46 and Ranch Road 32 generate traffic enforcement activity. Our office in downtown San Marcos is a short drive from New Braunfels, and we serve clients moving back and forth along the I-35 corridor from San Antonio up through Kyle and Buda into the Austin metropolitan area. We also handle ALR cases for clients in Guadalupe County, including Seguin and Schertz, as well as clients from Hays County, Bexar County, and the Hill Country communities served by our Fredericksburg office. Whether you were stopped in New Braunfels on a weekend night or arrested after leaving a Canyon Lake venue on a summer afternoon, our team handles the ALR request and the full defense across the jurisdictions where Comal County residents live and drive.

Speak with a Comal County Administrative License Revocation Attorney Today

The fifteen-day deadline does not pause while you decide what to do. A Comal County administrative license revocation attorney at The Law Offices of David C. Hardaway can request the hearing, begin building your defense, and give you a clear picture of what to expect from both the ALR process and any related criminal proceeding, all in the same conversation. Clients consistently describe David Hardaway and his team as accessible, direct, and genuinely invested in their cases. That is the approach you will get here, not a paralegal taking a message, not a form letter response, but real guidance from an attorney who handles these cases across Comal County and Central Texas.

Call our office today to schedule a confidential consultation. There is no reason to let a calendar deadline decide the outcome for you when the hearing request is something we can file right now.