Last Updated on June 18, 2025 by Beltz Law Group
Driver License Suspension Lawyer
Hiring a Lawyer for a Driver License Suspension Hearing in Texas
Receiving a notice from the Texas Department of Public Safety (DPS) indicating a potential driver’s license suspension can be a stressful and confusing experience. While driving is often seen as a necessity, it is considered a privilege in Texas, and that privilege can be taken away under various circumstances.
This article aims to provide a comprehensive overview of how a driver’s license can be suspended in Texas, the process for requesting a hearing to contest the suspension, and how an experienced lawyer can assist you. If you would like to discuss your driver’s license suspension issue with our experienced team of lawyers in North Texas, contact us at 214-321-4105.
Understanding Driver License Suspensions in Texas: Beyond Just Traffic Tickets
Many Texans are unaware of the various ways their driving privileges can be suspended until they receive an official notice. While the old “Driver Responsibility Program” and its associated surcharges were repealed on September 1, 2019, the DPS still takes enforcement action for many other reasons.
Here are some of the most common reasons your Texas driver’s license might be suspended:
- Habitual Traffic Violator: Your license can be suspended if you accumulate:
- Four or more moving traffic violations within a 12-month period, or
- Seven or more moving traffic violations within a 24-month period.
- Clarification: While the “points system” (where each ticket added specific points resulting in a surcharge) was eliminated, the accumulation rules (4 in 12 / 7 in 24) still lead to suspension.
- Driving While Intoxicated (DWI) / Administrative License Revocation (ALR): An arrest for DWI can trigger an automatic administrative license suspension even before any criminal conviction. This can happen if you:
- Refused to provide a breath or blood specimen when requested by an officer.
- Provided a breath or blood specimen that showed an alcohol concentration of 0.08% or higher (0.04% for commercial drivers, or any detectable amount for minors).
- Failure to Maintain Financial Responsibility (No Insurance): Driving without valid liability insurance can lead to suspension.
- Drug-Related Offenses: Convictions for certain drug offenses, even if not directly related to driving, can result in license suspension.
- Serious Accidents: Being at fault in an accident that results in serious injury or death, particularly if uninsured.
- Failure to Appear/Failure to Pay (OmniBase): If you fail to appear in court for a traffic ticket or fail to pay court fines, a “hold” can be placed on your license, preventing its renewal or leading to suspension until the matter is resolved.
- Child Support Arrearages: Failure to pay child support can result in suspension initiated by the Attorney General’s office.
- Driving While License Invalid (DWLI): Receiving a moving violation citation while your license is already suspended, canceled, or revoked can lead to further suspension.
- Violation of License Restrictions: Two or more convictions for violating a restriction printed on your license (e.g., driving without corrective lenses).
- Medical Suspensions: If a medical condition is reported to the DPS that makes driving unsafe.
Driver License Suspension
The Critical “Enforcement Action Letter” and Your Deadline
Before DPS can suspend your driver’s license, you are legally entitled to receive official notice. This notice comes in the form of an “enforcement action letter” mailed to your last known address on file with DPS.
This letter is extremely important, as it outlines:
- The specific reason(s) for the proposed suspension.
- Your right to request a hearing to contest the suspension.
- A strict, limited deadline by which you MUST request that hearing.
Warning: This deadline is typically very short (e.g., 15 or 20 days from the date of the notice or arrest for ALR hearings). If you miss this deadline, your license will be automatically suspended without any further opportunity to contest it. Time is of the essence!
Ensure Your Address is Current: The DPS is only required to send the notice to the address they have on file. If your address is incorrect, you will be considered to have received the notice, and your right to a hearing may be forfeited. It is vital to keep your address updated with DPS.
Driver License Suspension Lawyer
Requesting Your Driver License Suspension Hearing (ALR Hearing)
Upon receiving an enforcement action letter, you must take immediate steps to request a hearing if you wish to contest the suspension.
How to Request: The letter will provide specific instructions, which may include options for requesting the hearing online, by mail, or by fax.
Proof of Request: Regardless of the method chosen, always keep a copy of your request and proof of submission. If mailing, send it certified mail with a return receipt requested. This documentation is crucial if there’s any dispute about whether your request was timely received.
What Happens Next: If your request is timely and properly submitted, your current driving privileges will typically remain valid until the hearing takes place. The DPS will then process your request and notify you by mail of the date, time, and location of your hearing. These hearings are often scheduled at the Justice of the Peace court closest to your residence, or for ALR hearings (DWI-related), they are conducted by Administrative Law Judges (ALJs) through the State Office of Administrative Hearings (SOAH).
What to Expect and Why You Need a Lawyer for a Suspension Hearing
A driver’s license suspension hearing (often called an Administrative License Revocation or ALR hearing for DWI-related suspensions) is a formal proceeding, even if it feels less formal than a criminal trial. At this hearing:
- DPS will present its case: A DPS representative (which could be the arresting officer for ALR cases) will present evidence to support the suspension.
- Your opportunity to defend: You (or your attorney) will have the opportunity to present evidence, cross-examine witnesses, and argue why the suspension should not be upheld.
- Burden of Proof: In these civil administrative hearings, the burden of proof is generally lower than in criminal court (usually “preponderance of the evidence,” meaning more likely than not).
Why hire a lawyer for a driver license suspension hearing?
An experienced driver’s license suspension attorney can significantly improve your chances of a favorable outcome by:
- Timely Requesting the Hearing: Ensuring your hearing request is submitted correctly and on time, preserving your right to contest the suspension.
- Evaluating Your Case: Analyzing the specific reasons for your proposed suspension, reviewing your driving record, and identifying any potential legal defenses or mitigating factors.
- Gathering Evidence: Subpoenaing documents (like police reports or breath test results) and witnesses (like the arresting officer) crucial for your defense.
- Representing You at the Hearing: Appearing on your behalf, cross-examining the DPS’s witnesses, objecting to improper evidence, and presenting a compelling argument to the judge or ALJ.
- Navigating Complex Laws: Understanding the intricate Texas Transportation Code and DPS regulations that govern license suspensions.
- Negotiating Alternatives: In some cases, an attorney may be able to negotiate with the DPS for alternative solutions that prevent a full suspension or minimize its impact.
- Seeking an Occupational License (if necessary): If a suspension is upheld, an attorney can help you apply for an Occupational Driver’s License (ODL), which allows you to drive for essential needs like work, school, and household duties during the suspension period.
Don’t risk losing your driving privileges without a fight. The ability to drive is critical for most Texans’ livelihoods and daily lives. Make sure you have the information and knowledge you need to fight against any enforcement action the DPS tries to take against you. Contact our driver license suspension lawyers today at 214-321-4105 to discuss your options.
