Lee County Administrative License Revocation Lawyer

A driver’s license revocation can arrive faster than the criminal case it accompanies. In Texas, when a person is arrested for DWI or refuses a breath or blood test, the Texas Department of Public Safety initiates an Administrative License Revocation proceeding that runs entirely separate from any criminal court process. The two tracks move at different speeds, and the ALR track moves fast. A Lee County administrative license revocation lawyer who understands both the administrative and criminal dimensions of a DWI arrest can make a real difference in whether you keep your driving privileges during the months ahead.

Lee County sits east of Austin along the Highway 290 corridor, and its residents regularly travel to Giddings, to surrounding counties, and into the Austin metro for work. Losing a license here is not an inconvenience, it is a direct threat to employment, to family obligations, and to daily life in a part of Texas where public transportation is not a meaningful alternative. The ALR process is a government proceeding, and the State has its own attorneys and witnesses lined up from day one. You should have representation lined up just as quickly.

The hearing request deadline is 15 days from the date of arrest or the date the notice was served. Miss that window, and the revocation takes effect automatically. That single deadline is the most critical fact anyone facing an ALR in Lee County needs to know. After the hearing is requested, a stay of suspension is typically issued while the case is scheduled, which means acting immediately preserves your ability to drive while the fight plays out.

How the ALR Process Works in Texas, and What It Means for Lee County Drivers

Texas law requires DPS to suspend a driver’s license when an officer reports that the driver either failed a breath or blood test at the legal limit or above, or refused to provide a specimen altogether. The ALR system is administrative, not criminal, which means a different burden of proof, a different decision-maker, and different procedural rules than what you will encounter in Giddings Municipal Court or Lee County’s district and county courts.

The hearing is conducted before a State Office of Administrative Hearings judge. The core issues at an ALR proceeding are narrow but consequential. DPS must establish that the officer had reasonable suspicion to stop the vehicle, that there was probable cause to believe the driver was intoxicated, that the driver was properly informed of the statutory warnings, and that a specimen was either taken and tested above the legal limit or that the driver refused to provide one. Each of those elements can be challenged, and a successful challenge on any one of them can result in the suspension being set aside entirely.

One underappreciated function of the ALR hearing is that it gives defense counsel a chance to cross-examine the arresting officer under oath, well before the criminal trial. That testimony is recorded and can be used later in the DWI case. An attorney who handles ALR cases not just as paperwork but as a genuine opportunity to develop the defense can use that hearing to expose weaknesses in the officer’s account, test the reliability of field sobriety observations, and pin down details about the traffic stop and arrest procedure. That is exactly what experienced ALR representation looks like in practice.

Charges and Situations That Trigger ALR Proceedings in Lee County

• DWI with a breath or blood test above the legal limit: When a breath or blood specimen registers at or above the applicable legal concentration limit, DPS initiates the ALR process automatically. The criminal charge and the license suspension move forward simultaneously but independently.
• Refusal to provide a specimen: A driver who declines to give a breath or blood sample faces a longer revocation period under Texas law than a driver who tested over the limit. The refusal itself is what triggers this track, regardless of whether the driver was actually intoxicated.
• DWI involving a commercial driver’s license: CDL holders face different and generally harsher consequences under both federal regulations and Texas law. A commercial driver transporting goods on Highway 77 or Highway 290 through Lee County risks losing their CDL and their livelihood even if the alleged offense occurred in a personal vehicle.
• DWI with a passenger under 15: This offense is charged as a state jail felony rather than a misdemeanor. The ALR consequences remain, and the elevated criminal exposure makes the administrative proceeding even more important to defend properly.
• Underage DWI and driving under the influence of alcohol by a minor: Texas imposes a zero-tolerance standard for drivers under 21, with a separate statute that covers any detectable amount of alcohol. ALR proceedings for minors carry their own timelines and revocation periods, and the hearing process operates under the same SOAH framework.
• DWI resulting from prescription or controlled substances: Intoxication under Texas law is not limited to alcohol. A driver charged with DWI based on controlled substances, including legally prescribed medications, still faces ALR proceedings if a specimen was taken and the results support the charge, or if the driver refused testing.
• Repeat DWI offenders: A prior DWI conviction affects ALR outcomes, revocation length, and the prospects of obtaining an occupational license. Texas law provides for longer suspension periods for repeat offenders, and prior contacts with the criminal justice system are relevant to how the State presents the case.

What to Do After a DWI Arrest in Lee County

The 15-day deadline to request an ALR hearing is not a suggestion and cannot be extended by good intentions or circumstances. From the date the notice of suspension is served, that clock runs continuously. Contact an attorney immediately after a DWI arrest so that the hearing request can be filed before that window closes. Missing the deadline forfeits your right to a hearing entirely.

Once the hearing is requested and a SOAH case number is assigned, the suspension is typically stayed, meaning your license remains valid while the administrative case is pending. The hearing will be scheduled, and subpoenas can be issued for the arresting officer, the breath test technical supervisor, and the blood draw records if a blood specimen was taken. The Lee County courthouse in Giddings handles the criminal DWI proceedings, while the ALR hearing takes place before a SOAH administrative law judge, often by telephone or videoconference. Your attorney can appear on your behalf at the ALR hearing in most circumstances without requiring your presence.

Gather everything you have from the night of the arrest. Any paperwork the officer provided, the notice of suspension document, the case or arrest number, the agency involved, and any contact information from witnesses who were present. Write down your own recollection of the stop, what the officer said, what instructions were given, how field sobriety tests were administered, and the precise sequence of events before and after you were asked to provide a specimen. That account is most accurate as close to the arrest as possible.

Do not assume the criminal defense and the ALR fight are the same case or that one attorney handling the DWI will automatically address the license revocation. The two proceedings require active, deliberate attention. The State will not remind you of your rights or your deadlines. If you qualify for an occupational driver’s license, a court order can allow you to drive for essential purposes during the revocation period, but that application requires its own process and the right documentation.

Why The Law Offices of David C. Hardaway Handles These Cases Differently

The Law Offices of David C. Hardaway represents clients across a wide stretch of Central and East Texas, including Lee County and the surrounding counties along the Highway 290 corridor. The firm’s criminal defense practice covers DWI at every level, from first-offense misdemeanors to felony DWI charges, and that breadth matters in the ALR context because the administrative hearing does not exist in isolation. What happens at the SOAH hearing has consequences for the criminal case, and what the officer testifies to under oath at the administrative level becomes part of the record the defense can use going forward.

Clients who have worked with David Hardaway and his team have consistently described the same things: clear answers, honest assessments, and consistent availability when questions arose. The firm handles DWI and drug offense defense as part of a broad criminal practice that includes violent crimes, sex crimes, and property crimes. That same detailed approach to evidence, procedural challenges, and strategic preparation that applies to felony jury trials is brought to the ALR hearing process, even when the hearing itself seems more administrative than dramatic. The loss of a license is a serious outcome. It deserves serious representation from a Lee County ALR attorney who understands both the administrative framework and the criminal case that runs alongside it.

Questions About Lee County ALR Cases

How long do I have to request an ALR hearing after a DWI arrest in Texas?

Fifteen days from the date the notice of suspension was served. That is the hard deadline under Texas law. If the request is not submitted within that window, the suspension takes effect automatically on the 40th day after the arrest, and there is no administrative hearing available after the deadline passes.

What happens at the ALR hearing?

An administrative law judge from the State Office of Administrative Hearings presides over a hearing where DPS must present evidence establishing the key facts of the stop and arrest. Your attorney can cross-examine the arresting officer, challenge the reliability of the breath or blood test results, contest whether proper warnings were given, and argue that DPS has not met its burden on one or more required elements. If DPS fails on any essential element, the suspension is dismissed.

Will winning the ALR hearing dismiss the criminal DWI charge?

No. The ALR and the criminal case are separate proceedings with different standards and different decision-makers. Winning the ALR hearing preserves your driving privileges but does not result in a dismissal of the criminal charge. However, what is developed at the ALR hearing, including officer testimony, can be valuable in defending the criminal case.

What is an occupational driver’s license, and can I get one if my license is suspended?

An occupational driver’s license, also called an essential need license in Texas, allows a person whose license has been suspended to drive for specific purposes such as work, school, or essential household tasks. Obtaining one requires a court order and proof of financial responsibility. The petition is filed in the county court or district court with jurisdiction over the person’s residence or the location of the arrest. An attorney can handle this process alongside the ALR case.

If I refused the breath or blood test, is my situation worse than if I had taken it?

In some ways, yes. Texas law imposes a longer revocation period for a refusal than for a failed test. The State uses a refusal as evidence of consciousness of guilt in the criminal case as well. However, a refusal also means there may be no chemical test result for the prosecution to rely on, which can create its own set of challenges for the State in the criminal proceeding. The calculus is case-specific, and both tracks deserve careful evaluation.

Can the ALR hearing be used to get the officer’s testimony before the criminal trial?

Yes, and this is one of the most strategically significant aspects of the ALR process for the criminal defense. At the SOAH hearing, the arresting officer testifies under oath and can be cross-examined. That testimony is recorded and can be used later if the officer’s account changes, becomes inconsistent, or reveals weaknesses in the probable cause or stop justification. Attorneys who understand both the administrative and criminal dimensions of DWI representation use the ALR hearing as an information-gathering opportunity, not just a license-saving exercise.

Does a commercial driver’s license face different rules in a Texas ALR proceeding?

Yes. Federal regulations impose additional restrictions on CDL holders, and Texas enforces those rules through its own licensing framework. CDL holders face disqualification from operating commercial vehicles even for a first offense at a lower concentration threshold than applies to non-commercial drivers. A CDL disqualification is separate from the regular license suspension and can be permanent for certain repeat violations. Drivers who hold a CDL and are arrested for DWI in Lee County face compounded consequences that require careful handling on both the administrative and criminal sides.

What if the blood draw in my case was not done properly?

Texas law has specific requirements for how and where blood draws can be conducted, who is authorized to perform them, and how the samples must be maintained and analyzed. Errors in the blood draw process, improper technique, contamination, chain of custody failures, or lab analysis issues can all be challenged. At the ALR hearing and in the criminal case, the defense can subpoena records from the lab and the arresting agency to examine whether the proper procedures were followed. A successful challenge to the blood evidence can affect both proceedings.

How long does the ALR process take in Texas?

After the hearing is requested and a stay of suspension is issued, the scheduling of the actual hearing depends on SOAH’s docket. Hearings are often set weeks to months out. During that time, your license remains valid. If the hearing results in a dismissal of the suspension, the case ends. If the suspension is upheld, you have a right to seek judicial review in district court. The entire administrative process can take several months from arrest to final resolution, during which your attorney is actively building the defense for both proceedings.

What happens if I just let the suspension go without requesting a hearing?

Your license will be suspended automatically on the 40th day after the arrest. Driving on a suspended license in Texas is a criminal offense in its own right and can result in additional fines, potential jail time, and an extended suspension period. Beyond the legal consequences, losing the ability to drive in Lee County has real practical effects for anyone who depends on their vehicle for work. The hearing request costs nothing in terms of government fees and preserves options. There is no reason not to request the hearing.

ALR and DWI Defense Representation Across Lee County and Surrounding Areas

The Law Offices of David C. Hardaway represents clients from Giddings, the Lee County seat, and from communities throughout the county including Lexington, Dime Box, Lincoln, Serbin, and Fedor. Drivers traveling through Lee County on Highway 290, Highway 77, or the county roads connecting these communities face the same ALR consequences as drivers elsewhere in Texas, and geography does not reduce the urgency of the 15-day deadline.

The firm’s reach extends well beyond Lee County. Clients from neighboring Bastrop County, Burleson County, Washington County, Fayette County, and Caldwell County have relied on the firm for DWI defense and ALR representation. To the west, the firm serves clients in the Austin metro and throughout Williamson County. To the south, representation extends into Gonzales County, Guadalupe County, and Comal County. Clients in Brenham, in Washington County, are served through the firm’s office there, and the firm maintains its principal office in downtown San Marcos. Whether the arrest occurred on a stretch of rural highway in Lee County or on a well-traveled route between Austin and Houston, the administrative license revocation process is the same, and the deadline is equally unforgiving.

Talk to a Lee County Administrative License Revocation Attorney Now

The consequences of an ALR suspension ripple outward quickly. Lost work, restricted movement, and the added burden of navigating both administrative and criminal proceedings without guidance make a difficult situation harder. A Lee County administrative license revocation attorney from The Law Offices of David C. Hardaway can request your hearing, prepare the case, appear before SOAH, and coordinate the ALR defense with your criminal case so nothing falls through the cracks between the two proceedings.

Do not wait until the 15-day window is almost gone. Contact The Law Offices of David C. Hardaway today to schedule a confidential consultation and get a clear assessment of where things stand and what can be done.