Bastrop County Administrative License Revocation Lawyer

A DWI arrest in Bastrop County sets two separate legal processes in motion at the same time. One plays out in the criminal courts. The other, the administrative license revocation process, runs through the Texas Department of Public Safety and operates on its own rules, its own deadlines, and its own consequences. Lose that second fight, and your driving privileges disappear regardless of how your criminal case resolves. For anyone who drives to work in Elgin, commutes along Highway 71 toward Austin, or depends on a vehicle to get through the rural stretches of central Bastrop County, that loss is not abstract. It is immediate and serious.

The window to contest an administrative license revocation in Texas is narrow. From the date of arrest, you have only fifteen days to request a hearing to challenge the suspension. Miss that window and the suspension takes effect automatically, without any consideration of the facts, the stop, or whether the evidence against you is sound. This is where having a Bastrop County administrative license revocation lawyer in your corner from the start makes a measurable difference. An attorney who understands ALR procedure can request that hearing, build a record that challenges the arresting officer’s actions, and put the state to the task of justifying the suspension.

The ALR process is frequently misunderstood as a formality, something that runs alongside the criminal case but ultimately doesn’t matter much. That view is wrong in two important ways. First, the ALR hearing is often the earliest opportunity to cross-examine the arresting officer under oath, which can produce testimony that becomes valuable in the criminal case. Second, keeping your license intact while the criminal process unfolds protects your livelihood, your obligations, and your ability to participate in your own defense. The Law Offices of David C. Hardaway handles both sides of this fight for clients across Bastrop County and the surrounding region.

What Triggers an ALR and What the State Must Show

Texas law ties the administrative license revocation process to two specific events at a DWI stop: either you submitted to a breath or blood test and the result came back at or above the legal limit, or you refused to provide a specimen at all. Both outcomes trigger the arresting officer to confiscate your physical license and issue a temporary driving permit. That permit is time-limited, and the clock on your fifteen-day request window starts from the moment of arrest, not from when you receive any paperwork or notice in the mail.

At an ALR hearing, the Texas Department of Public Safety carries the burden of proving a defined set of issues: that the officer had reasonable suspicion to stop you and probable cause to arrest you, that you were properly warned about the consequences of refusal or failure, and that you either refused or produced a result above the limit. These are narrow issues, but they are genuinely contestable. Traffic stops in Bastrop County happen across a wide range of circumstances, from late nights on State Highway 21 near Bastrop State Park to stops on FM roads east of Smithville. The facts of how a stop was initiated, what the officer observed, and how chemical testing was administered all bear directly on whether the state can meet its burden at an ALR hearing.

Refusal cases and failure cases carry different suspension lengths, and prior license suspensions or DWI convictions can extend the suspension period significantly. Understanding which scenario applies to your situation, and what that means for the duration and terms of any suspension, is one of the first conversations worth having with an attorney who handles ALR proceedings in Bastrop County’s jurisdiction.

ALR Issues Specific to Bastrop County Cases

• Breath Test vs. Blood Draw Disputes: Texas law allows officers to seek a warrant for a blood draw when a driver refuses or is unconscious. Challenges to blood draw procedures, warrant validity, and chain of custody issues are common in Bastrop County DWI arrests and directly affect the ALR hearing record.
• Reasonable Suspicion at Rural Highway Stops: Many Bastrop County DWI arrests begin on Highway 71, State Highway 21, or the county’s extensive FM road network. The basis for the initial stop, whether it was a moving violation, an equipment issue, or observed driving behavior, is a live issue at any ALR hearing.
• Field Sobriety Test Reliability: Standardized field sobriety tests are administered by individual officers and are subject to variation in instruction, lighting conditions, and terrain. In rural settings common to Bastrop County, uneven road shoulders or gravel surfaces can affect test performance independent of impairment.
• Commercial Driver License Implications: CDL holders face a stricter legal limit and more severe consequences from an ALR suspension. A commercial driver living in Bastrop County who depends on their CDL for employment has distinct interests in the ALR process that require separate analysis.
• Occupational License Options: If a suspension takes effect, Texas allows drivers to apply for an occupational license to maintain access to essential driving privileges. Understanding how to pursue that option while an appeal is pending is part of the full picture for Bastrop County residents facing suspension.
• Interlock Device Requirements: Certain suspension outcomes or criminal case resolutions require installation of an ignition interlock device as a condition of license reinstatement. Knowing when an interlock is required and how to satisfy that requirement matters to anyone navigating the post-suspension process in Texas.
• Prior Suspension History: A prior ALR suspension or DWI conviction in Texas affects both the length of any new suspension and your eligibility for certain relief. Bastrop County courts and DPS records are reviewed together when assessing how prior history affects your current situation.

Acting Before the Fifteen-Day Window Closes

The single most consequential thing to do after a DWI arrest in Bastrop County is contact a Bastrop County ALR attorney before those fifteen days expire. The Texas DPS Office of General Counsel handles these hearings through the State Office of Administrative Hearings, and the request for a hearing must be made correctly and on time. No court will excuse a late request based on confusion about the deadline or the process.

Once an attorney files the hearing request, the automatic suspension is stayed pending the outcome of the hearing. That means your driving privileges remain intact while the administrative proceeding is pending. In practical terms, this often extends the period before any suspension takes effect by weeks or months, which matters enormously for someone who cannot afford a gap in their ability to drive to work, take care of family obligations, or attend court appearances related to the underlying criminal case.

ALR hearings are conducted before an administrative law judge through the State Office of Administrative Hearings. The hearing itself is adversarial, with the DPS presenting evidence and the respondent having the right to challenge that evidence and cross-examine witnesses, most often the arresting officer. In Bastrop County cases, the relevant county court and justice court infrastructure is centered in Bastrop, the county seat, though the ALR hearing itself is handled at the state administrative level. Understanding how these parallel tracks interact, and how the record developed in the ALR proceeding can be used in the criminal case before the Bastrop County courts, is where legal strategy becomes important.

Gathering documentation immediately after an arrest also matters. If you recall details about the stop, the officer’s instructions, the testing conditions, or anything else that seemed irregular, write it down as specifically and as soon as possible. Memories fade, and the details of a roadside stop matter more than most people initially realize. Your attorney will want to know what you remember about the initial reason the officer gave for the stop, the sequence of the field sobriety tests, and what you were told or not told before any chemical testing was requested.

What This Firm Brings to Bastrop County ALR Representation

The Law Offices of David C. Hardaway represents clients throughout Central Texas in both criminal defense and administrative license revocation proceedings. The firm’s approach, as reflected in the feedback of clients like Jason K., whose case was dismissed after thorough investigation, and Edward G., who described the firm’s ability to handle complex cases and make a real difference, reflects the same disciplined attention to evidence that ALR proceedings demand. Clients consistently describe the firm as accessible, direct, and genuinely invested in outcomes rather than in processing cases at volume.

David Hardaway and his team work across Bastrop County and neighboring jurisdictions, with deep familiarity with the courts, the prosecutors, and the procedural landscape across Hays, Caldwell, Gonzales, Lee, and other surrounding counties. For a Bastrop County administrative license revocation attorney who handles these cases with the same seriousness as the underlying criminal charge, this firm’s track record across Central Texas reflects a consistent standard of preparation and advocacy. Clients describe the firm as accessible when they have questions, straightforward about their situation, and thorough in how they investigate and prepare. Those qualities translate directly to how ALR hearings are built and argued.

Questions People Ask About ALR Proceedings in Bastrop County

What is the difference between an administrative license revocation and a criminal DWI charge?

These are two separate proceedings with separate outcomes. The criminal DWI case is handled in the county court system and can result in fines, probation, or jail time. The ALR proceeding is an administrative action by the Texas Department of Public Safety focused solely on your driving privileges. You can win the criminal case and still lose your license through the ALR process, and vice versa. They run in parallel and require separate attention.

What happens if I miss the fifteen-day deadline to request an ALR hearing?

Your license is automatically suspended once the temporary driving permit expires, which occurs forty days after the date of arrest. There is no grace period and no procedure to request a late hearing. The suspension takes effect by operation of law, without any hearing being held. This is why contacting an attorney immediately after arrest is so important, before that window closes.

Can I still drive while the ALR hearing is pending?

Yes. When an ALR hearing is properly requested within the fifteen-day window, the automatic suspension is stayed until the hearing is held and a decision is issued. Your temporary driving permit and then your regular license remain valid during that period. This is one of the most significant practical benefits of requesting a hearing, regardless of the ultimate outcome.

What are my chances at an ALR hearing?

That depends entirely on the specific facts of the stop and arrest. The state must prove reasonable suspicion for the initial stop, probable cause for the arrest, proper advisement of consequences, and a valid refusal or test result. Each of those elements can be challenged. Some cases present strong factual arguments. Others do not. What an ALR hearing always provides is the opportunity to put the arresting officer under oath and develop a record that can be used in the criminal case.

Does winning an ALR hearing affect my criminal DWI case?

Not directly in terms of the criminal charges, but indirectly it can be significant. The cross-examination of the arresting officer at the ALR hearing creates a sworn record of the officer’s account of the stop. Inconsistencies between that account and the officer’s later testimony in the criminal case, or between the officer’s testimony and the dashcam or body camera footage, can be powerful at trial or in negotiations.

Will an ALR suspension show up on my driving record?

Yes. A license suspension resulting from an ALR proceeding becomes part of your Texas driving record and is visible to insurance companies, employers who conduct background checks, and anyone else with access to your DPS record. This has real consequences for insurance premiums and for jobs that require a clean driving history.

I refused the breath test because I thought it would help my case. Did I make the right call?

Refusal has a longer default suspension period than a test failure under Texas law, and the refusal itself is admissible in the criminal case and can be used by a prosecutor to argue consciousness of guilt. Whether refusal was strategically helpful depends on the full circumstances, and there is no universal answer. What matters now is how the refusal is handled in the ALR proceeding and the criminal case going forward.

What happens to my CDL if I receive an ALR suspension from a DWI stop in my personal vehicle?

CDL holders are subject to stricter standards under both federal and Texas law. An ALR suspension arising from a stop in a personal vehicle can still affect your CDL and your ability to operate a commercial vehicle professionally. The consequences can include disqualification from holding a CDL for a specified period. For any commercial driver in Bastrop County facing an ALR proceeding, the implications for professional driving privileges need to be analyzed separately and carefully.

Is an occupational license available while my ALR suspension is in effect?

Texas does allow drivers to petition for an occupational license after a suspension takes effect, subject to certain waiting periods and conditions, including sometimes an ignition interlock requirement. The petition is filed in the county court in Bastrop. An occupational license is not the same as full driving privileges, and it comes with restrictions, but it can preserve your ability to drive to work and handle essential personal needs while you address the underlying situation.

If my criminal DWI charge is dismissed, does the ALR suspension go away?

No. The ALR process operates independently of the criminal case. A dismissal, acquittal, or plea to a lesser charge in the criminal court does not undo an ALR suspension that has already taken effect or been sustained at a hearing. They are parallel tracks governed by different legal standards and different agencies. Resolving the criminal case favorably does not automatically restore your license.

How long does an ALR suspension last in Texas?

The suspension period depends on whether you refused testing or failed, and whether you have prior DWI convictions or prior license suspensions. First-time test failures generally carry a shorter suspension than refusals, and prior history can significantly extend the suspension period. Your attorney can assess the specific length that applies to your situation after reviewing the facts of the arrest and your driving and criminal history.

Serving Bastrop County and the Surrounding Communities

The Law Offices of David C. Hardaway represents clients throughout Bastrop County, including in the city of Bastrop, Elgin, Smithville, Cedar Creek, Paige, Red Rock, McDade, and Rosanky. Bastrop County sits east of Austin along the Highway 71 corridor, bordered by Travis County to the west, Lee County to the east, Fayette County to the southeast, and Caldwell and Gonzales Counties to the south. Clients driving through the Lost Pines area or along State Highway 21, as well as those living in the communities scattered across the county’s rural FM road network, are all within our service area for ALR and DWI-related representation.

The firm’s Central Texas footprint also encompasses Caldwell County, including Lockhart, as well as Gonzales County and Lee County to the east. Clients from Hays County, including San Marcos and Kyle, as well as those from Guadalupe County in Seguin and the surrounding communities, regularly work with this firm. For residents of any of these counties facing an ALR proceeding connected to a Bastrop County arrest or otherwise, the firm provides representation across the region with offices in San Marcos and additional locations in Fredericksburg and Brenham.

Speak with a Bastrop County Administrative License Revocation Attorney Today

The fifteen-day deadline does not wait, and neither should you. The Law Offices of David C. Hardaway provides direct, informed representation for clients facing ALR proceedings across Bastrop County and Central Texas. A Bastrop County administrative license revocation attorney from this firm will review the facts of your arrest, request your hearing before the deadline passes, and begin building the record that gives you the best realistic chance of preserving your driving privileges and your options in the criminal case. Call our office today to schedule a confidential consultation and get clear answers about where you stand.