Representing Yourself in Administrative License Revocation (Driver’s License) Cases at the State Office of Administrative Hearings
Driver’s License Hearing Guide for Self-Represented Litigants
If you represent yourself, you must follow the State Office of Administrative Hearings (SOAH) procedures for Administrative License Revocation (ALR) cases and the laws that are applicable to the case. Although this guide is intended to help you understand how to do that, this website does not contain legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only and may not reflect the most current legal developments. Use of, and access to, this website, or any of the links or resources contained within the site, do not create an attorney-client relationship between SOAH and the reader or user of this site.
By using this site, it is expressly understood and agreed that SOAH does not waive, nor shall be deemed to waive, any immunity or defense otherwise available to it against any claims arising in SOAH’s exercise of its governmental powers and functions. Instead, the parties to ALR cases shall remain solely responsible for any liability or consequences that may arise because of their acts or omissions with respect to this information or their contested case proceeding.
Administrative License Revocation (ALR) is a civil administrative process requiring the Texas Department of Public Safety (DPS) to suspend or revoke your driver’s license based on a qualifying arrest. While an ALR case may involve the same arrest or similar facts and evidence as a criminal prosecution, it is unrelated to criminal court proceedings and is handled separately from any criminal charges. Additional information can be found in Texas Transportation Code Chapters 524 724.
This is a guide for people involved in an ALR case at SOAH who do choose not to have a lawyer for their hearing. An ALR hearing was set when you requested the hearing after DPS notified you they intend to suspend your driver’s license following your arrest for Driving While Intoxicated (DWI); Boating While Intoxicated (BWI); Intoxication Assault; Intoxication Manslaughter; Minor (Under 21) Driving Under the Influence; or driving a commercial motor vehicle while having alcohol, a controlled substance, or a drug in your system, whether or not an arrest occurred.
ALR Hearings are held at SOAH in front of an Administrative Law Judge (judge) whose job is to review the evidence and make a final decision. SOAH is an independent state agency that does not work for or answer to DPS. ALR Hearings are recorded legal proceedings where both you and the DPS attorney have the right to present evidence or offer testimony to the judge. Evidence usually includes testimony from the arresting police officer and blood alcohol test results. After the hearing, the judge will then decide whether or not DPS is authorized to suspend your license.
When you don’t have a lawyer, you are said to be representing yourself. In this guide, people who represent themselves are called “self-represented litigants.” There are responsibilities and risks in representing yourself. SOAH encourages everyone who represents themself to think carefully about the risks, responsibilities, and potential consequences.
If you represent yourself, you must follow SOAH’s procedures for ALR cases. This guide will help you understand how to do that. Although SOAH staff may give you general information about rules and procedures, they cannot give you legal advice, help you interpret or apply rules, or otherwise participate in a hearing.
This guide is intended to provide general information. It is not legal advice, and it’s not possible to cover every situation that might arise. Also, if there is any conflict between this guide and the applicable laws or rules, those laws or rules control.
SOAH and DPS both maintain websites that may include additional resources. Please ensure you are on the official government websites for SOAH and DPS when seeking information from each agency.
This guide explains basic information such as how to determine when your hearing is scheduled, how to attend the hearing, what the hearing is about, how to request that your hearing be rescheduled, how to receive a copy of the related arrest report and accompanying documents, how to secure the attendance of the arresting officer at the hearing, and what to expect during and after the hearing. Some important highlights:
- Most hearings are held via Zoom videoconference, so you will not need to travel to a SOAH office to attend your hearing. If you do not have access to the internet, you can attend the hearing by phone. Information on how to attend the hearing is provided in your Notice of Hearing or in your continuance order if applicable.
- The timely request of a hearing stays the ALR suspension. That means there will not be a suspension for this ALR matter until you have your hearing, the judge issues a decision, and if the judge rules that DPS proved its case and is entitled to suspend your driving privileges. If you have a valid driver’s license that is not under suspension or otherwise restricted for unrelated matters, you may continue to drive until the hearing is held and the judge issues a decision in your case. If your driver’s license is suspended after the ALR hearing, you may still use it as identification to obtain services or exercise other rights aside from driving.
- You may have pending criminal charges, such as DWI, for the same arrest that led to your ALR case. If so, that is a separate legal matter, and it is important not to confuse any SOAH hearing settings or procedures with your criminal court case.
After you ask for a hearing, DPS will mail you a Notice of Hearing. This notice tells you when and how your hearing will take place. The hearing may be rescheduled by the judge, so it is important that you read any order from the judge. All cases are originally scheduled to take place via Zoom videoconference. At the request of a party and for good cause shown, the judge may reschedule the hearing to be held in-person at the nearest SOAH regional office.
If you have not received a Notice of Hearing, you can search the SOAH ALR Docket Search ALR Docket Search using your first and last name to obtain the information. You may also contact the SOAH Chief Clerk’s Office if you are unable to determine when your hearing is scheduled.
ALR dockets are held at 9:00 a.m. and 1:00 p.m., but your hearing will be pre-assigned to one or the other. The Zoom videoconferencing room to which you are assigned only meets at 9:00 or 1:00, not both. You must appear at the time indicated in your Notice of Hearing.
To secure any needed accommodations, please contact the SOAH Chief Clerk’s office as soon as possible. Regardless of whether accommodations were requested in advance, hearing participants should notify the judge that an interpreter or other special arrangements are needed. In some instances, the hearing may need to be rescheduled to secure accommodations.
You are responsible for providing and maintaining a current mailing address and email address on file with SOAH during the pendency of the proceeding. You may request and consent to service via email here: Request Email Service. SOAH and the parties may maintain the parties’ address information on file as part of the electronic record in e‑File Texas, which is explained in detail later in this guide.
You may ask for the hearing to be rescheduled for a later date. The rescheduling of the hearing is also referred to as a “continuance;” a request is also referred to as a “motion.” Those terms may be used interchangeably in this guide.
Either party may request a continuance. A party requesting a continuance may file a written motion or present the motion orally at the hearing. If you are filing a written request for continuance, you must contact the DPS attorney assigned to your case, advise them you are making the request, and ask if they have any objection. See the section below on Contact Information for a list of the DPS ALR offices, and phone and email addresses to contact each. On your written request for continuance, you will provide a “certificate of conference” advising the judge as to whether DPS has any objection. The judge may grant a continuance, despite any objection, if good cause has been established. Please note that the DPS attorney may contact you if they need a continuance. If so, you should let them know whether or not you agree with the case being rescheduled. Again, the judge will rule on the motion, regardless of agreements, to determine if the request will be granted.
DPS has several ALR attorney offices across the state, each handling cases from multiple counties. There are several DPS attorneys in most offices (smaller offices may only have one assigned attorney) who are each assigned to handle certain dockets. Depending on when your case is set and if it has been continued, the DPS attorney assigned to your case may change. However, your case will remain in one specific office based on the county where you were arrested. See the section below on Contact Information for a list of the DPS ALR offices, and phone and email addresses to contact each. You should contact the DPS ALR office nearest to the location of your arrest to determine the DPS attorney assigned to your case.
A form to use when requesting a continuance can be found here: Driver's License Hearing Forms. Make sure that you are using the form that is marked for use by Self Represented Litigants. You will need to include your full name as it appears on your driver’s license, the docket number that appears on your Notice of Hearing, the date of your hearing, the Zoom hearing room where your hearing is scheduled (this is found in the Virtual Hearing Password and will read as ALRVHR*** with the asterisks representing the hearing room number for your hearing), a statement that you are requesting the judge to reschedule your hearing, the reason you need the hearing to be rescheduled, and the “certificate of conference” as described above. You also need to sign your request and provide your current contact information, including your phone number. You may prepare your own motion instead of using the form; if so, you need to ensure the information described above is included in your motion.
Defendants without an attorney are strongly encouraged, but not required, to file motions and pre-filed documents using e-File Texas. For more information regarding e-File Texas, visit this page:
e-Filing at SOAH. Self-represented parties may use approved alternative methods of filing. See SOAH’s Driver’s License Filing Information page for more information. The filing of documents is also discussed further in this guide.
Unless the judge grants the motion for continuance, the existing schedule will not be changed. If you have not received a written order from the judge prior to the hearing, you may contact SOAH Chief Clerk’s Office to check on the status of your case.
Please be aware that if a continuance is granted, the date of the hearing will likely not be the only thing that changes. The time of your hearing may change (dockets are held at 9:00 a.m. and 1:00 p.m., so the time of the hearing may not be the same as your original setting) and the Zoom room to which your hearing is assigned will also likely change. The assigned DPS attorney and assigned judge may also change It is very important for you to have the continuance order available on the date of your new hearing so you will have the correct Meeting ID and password. You may also check the ALR Docket Search using your first and last name to obtain the information.
In the middle of your Notice of Hearing, there are 2-4 paragraphs that begin with the word “THAT” in bold letters. Those paragraphs describe the facts that DPS must prove at the hearing.
REFUSAL TO GIVE A SPECIMEN
(Suspension for not less than 180 days)
- Was there reasonable suspicion for the officer to stop the driver?
- Was there probable cause for the officer to believe the driver was intoxicated?
- Was the driver offered the opportunity to provide a specimen of breath or blood?
- Did the driver refuse to provide a specimen?
BREATH/BLOOD TEST FAILURE
(Suspension for not less than 90 days)
- Was there reasonable suspicion for the officer to stop the driver?
- Was there probable cause for the officer to believe the driver was intoxicated?
- Was the driver offered the opportunity to provide a specimen of breath or blood?
- Did the driver have an alcohol concentration above the legal limit?
NOTE: The issues are different in cases involving drivers less than 21 years of age, for driver of commercial motor vehicles, and for boating cases. In addition to those issues, DPS may also request a longer suspension period based on your driving record. A longer suspension period is set by statute, and it only affects drivers who have been suspended for a prior DWI or drug enforcement contact (including ALR suspensions) within ten years of the current DWI arrest.
DPS must send you copies of all documents it intends to offer as evidence at the hearing. Documents that a party wishes to be admitted as evidence for the ALJ to use in making their decision are called exhibits. You should receive these exhibits no later than two business days prior to the hearing. Along with the arrest report, common exhibits that DPS may seek to offer as evidence at an ALR hearing include:
- An affidavit by the officer containing the facts surrounding your arrest;
- A copy of a form called the DIC-24 which has your rights in reference to providing a specimen of your breath or blood and spaces at the bottom to mark if you consented or refused to give a specimen;
- If you provided a sample of breath or blood, copies of the results of the analysis of that specimen indicated blood alcohol concentration;
- A copy of your driving record;
- A copy of your request for the ALR hearing.
If you have an email address on file in the case, you should regularly check your email, including your spam folder, to ensure you do not miss any filings. Please note that filings will come from no-reply@efilingmail.tylertech.cloud Any Orders from the ALJ, including orders on continuance requests or motions filed by DPS will also be sent to you from this email address.
Copies of the documents filed in your ALR case records are also available to you online. SOAH usesre:SearchTX for online access to ALR case files. re:SearchTX is a web-based platform that allows registered users access to an online repository of court case information powered by the state’s e-filing database. Case records for ALR hearings since August 2022 are publicly available at no cost through re:SearchTX. You must file at least one document into your case using eFile Texas to establish online access to your records in re:SearchTX.
If you would like to have earlier access to the DPS documents, you may file a discovery request. The request needs to include the docket number (from your Notice of Hearing), your full name as it appears on your driver’s license, and information regarding the hearing date and Zoom hearing room. The request should not be filed with SOAH, but it must be served on the DPS attorney of record at the email address reflected in e-File Texas. See the section below on Contact Information for a list of the DPS ALR offices, and phone and email addresses to contact each.
You will need access to the Zoom sign-in information. This will come from your Notice of Hearing, or, if your case has been previously rescheduled, from the judge’s continuance order. You will also need access to the pre-filed documents from DPS. It is important to read through those documents prior to the hearing, as the judge will ask if you have objections to the documents when they are offered as evidence.
If you have your own relevant documents to offer at the hearing, you must pre-file the documents at least two business days prior to the hearing and serve a copy on the DPS attorney of record. If you pre-file the documents late or do not pre-file them at all, the judge has discretion to deny admission of the documents on that basis.
If you have relevant witnesses who are planning to attend the hearing to testify on your behalf, provide them with the Zoom log-in information prior to the hearing. If you need a subpoena to secure the attendance of a witness, that process is described elsewhere in this guide. Please note that DPS does not have to bring the arresting officer to the hearing unless you have issued and served a subpoena for the officer.
Self-represented parties are strongly encouraged, but not required, to file documents electronically using eFile Texas.
You may file documents electronically through use of the e-File Texas electronic filing platform. Self-represented litigants are strongly encouraged to consider the benefits of electronically filing and serving documents through e-File Texas as a convenient and cost-effective alternative to filing and serving documents by email, mail, fax, or hand‑delivery.
This method will require you to create an account and register with an electronic filing service provider approved by the Office of Court Administration. A list of approved providers, including many free options, is available on the eFileTexas.gov website. The official state-provided filing service is efiletx.tylertech.cloud, and it is available for use at no cost.
Once you have registered for an account and logged into the account, you may select “State Office of Administrative Hearings” from the list of available courts, locate your case, enter any required information, and electronically file documents.
There are significant advantages to using eFile Texas instead or email or another method of filing. When a document is filed electronically through eFile Texas and accepted for filing by SOAH, a copy of the filing is delivered to the SOAH judge and also served electronically to the other parties in your case. eFile Texas also provides confirmation of receipt, and records are kept that can allow you to confirm who received it and when the other party opened your filing.
Another major advantage of using eFile Texas is that once you have established an eFile Texas account and successfully filed into your case, you will granted online access copies of all the documents filed in your ALR case through re:SearchTX.
For more information about electronic filing, including Frequently Asked Questions, visit the eServices page of the SOAH website.
Alternative Methods of Filing
Self-represented parties may use approved alternative filing methods of email, fax, mail, or hand-delivery. Self-represented parties may use the following email address and fax number to submit documents to SOAH:
To submit via email:
To submit via fax:
All USPS mail submissions should be sent to Chief Clerk’s Office in SOAH’s Austin Headquarters.
Documents can be hand-delivered to your regional SOAH office:
Note: All filings must comply with SOAH’s Rules of Procedure. See SOAH Rule 159.53 for more information.
Service of Documents Required
On the same date that a document is filed at SOAH, you must also send a copy of your filing to the DPS Regional Office and/or the DPS attorney who is assigned to your case. This important step is called “service of process.” See SOAH Rule 159.55.
A failure to send a copy of all filings to DPS can result in the delay of your hearing.
If you use eFile Texas, you can easily comply with this requirement by clicking “File and Serve” at the time you submit your filing to SOAH. If you choose to file using email or another alternative method, then it is your responsibility to separately deliver a copy of your filing on your own. (see the Contacts section below for how to contact the DPS attorney)
A subpoena is an order that requires a person to appear at a hearing and give testimony. It can also require the person to bring relevant documents to the hearing, if the person has the documents.
You will need to file with SOAH a written request, using the form entitled “ALJ-Issued Subpoena Request” on our website. The subpoena request must be filed no later than 10 calendar days before the hearing. You must send a copy to the DPS attorney at the same time you file the request with SOAH, both of which can be done by eFiling your request or sending it using one of the approved alternate methods. See the above Filing Documents at SOAH section for specific information and the Contacts section below for how to contact the DPS attorney. If the subpoena is approved, you will need to follow the rules for serving the subpoena on the witness. When the witness appears for the hearing, you will need to pay a witness fee (see section below).
If you want to subpoena the officer(s) that stopped and/or arrested you, you can find their names and information either in the paperwork you were given when you were arrested, or the documents you received from the DPS attorney. Note that a separate subpoena request must be completed for each witness.
DWI-arrest records might include ALR-specific paperwork (DIC-23, DIC-24, DIC‑25), a probable cause affidavit, a DWI arrest report, breath test paperwork (breath test slip), blood test paperwork (DIC-23A, TLE-51A, lab report), other arrest paperwork completed by the officers, and video recordings. Please note that any items requested must be in the subpoenaed officer’s actual possession. Otherwise, the officer is not required to produce those items at the hearing.
If the ALJ grants your request for a subpoena they will issue a separate Order stating that. They will then electronically sign the actual subpoena that you included with your request. That subpoena, now signed by the ALJ is what is given to the witness. A subpoena must be served by delivering a copy to the witness at least five business days before the hearing and must include a copy of the notice of hearing or other information that is sufficient to notify the witness of how to appear, including instructions and information for joining the videoconference. If you need additional time to serve the witness with the subpoena, you may ask to reschedule the hearing as discussed above.
The subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party to the case and is 18 years of age or older. A subpoena is served by:
- hand-delivering a copy of the subpoena to the witness in-person;
- electronically transmitting a copy of the subpoena to the last known electronic address of the witness, with acknowledgment of receipt;
- mailing a copy of the subpoena by certified mail with return receipt requested, or delivering a copy of the subpoena by express delivery service with signature required, to the last known address of the witness (the mailing must be received at least 5 days prior to the hearing); or
- an accepted method of alternative service established by a peace officer’s law enforcement agency.
After the subpoena has been served, you will need to file the completed Certificate of Service (this is the last page of the subpoena form) with SOAH and serve a copy on the DPS attorney (see the Contacts section below for how to contact the DPS attorney) no later than 3 business days before the hearing. This can be done by eFiling your request or sending it using one of the approved alternate methods. See the above Filing Documents at SOAH section for specific information. The return must show:
- the date, time, and manner of service, if served by hand delivery;
- the acknowledgment of receipt, if served by email;
- the return receipt (commonly called a “green card”) if served by certified mail;
- the signed proof of delivery, if served by express delivery service; or
- other confirmation as appropriate, if served to a peace officer’s law enforcement agency.
If you fail to serve a copy of a subpoena or a subpoena return on DPS, the subpoena may be rendered unenforceable by the judge.
If the subpoenaed witness appears at the hearing, they are entitled by law to collect a witness fee. You must tender a witness fee check or money order in the amount of $10 to the witness, unless the witness waives the fee. If your witness is a police officer, the witness fee should be mailed to the officer’s attention at their employing police department.
The witness fee must be placed in the mail within one business day of the conclusion of the hearing. You will also need to complete a certification (“Witness Fee Certification”) that the witness fee has been tendered: Driver's License Hearing Forms. DPS must be served with a copy of the certification at the time it is filed at SOAH. This can be done by eFiling your request or sending it using one of the approved alternate methods. See the above Filing Documents at SOAH section for specific information.
SOAH's Written Submission Rule
If you have reviewed the pre-filed exhibits sent to you by DPS and determined that you do not have any objections to the admission of those exhibits (meaning you agree to allow the ALJ to read the exhibits and use their contents as evidence when deciding whether DPS is authorized to suspend your driver’s license) and there is no other evidence, exhibits, or argument in the case that you wish for the judge to consider that has not already been filed with SOAH and exchanged with DPS, then you may request that the hearing be held by written submission. For hearings conducted on written submission, the opportunity for the presentation of oral arguments and the examination of witnesses at a hearing is waived by the parties. The facts and evidence presented for the judge's consideration will consist only of the pleadings, motions, admitted exhibits, and orders filed in the administrative record.
You will need to contact the assigned DPS attorney to ensure their approval (see the Contacts section below for how to contact the DPS attorney), and they will usually send you a completed request (listing the agreed exhibits and containing their signature of approval) for you to sign and file with SOAH. In the alternative, you can complete the form (“Request for Decision on Written Submission”) from SOAH’s website and forward it to the assigned DPS attorney for their approval: Driver's License Hearing Forms. Once both you and the DPS attorney has signed the completed request it must be filed with SOAH. This can be done by eFiling your request or sending it using one of the approved alternate methods. See the above Filing Documents at SOAH section for specific information.
If the request for a hearing on written submission is granted by the judge, then you are not required to make an appearance at the hearing. The judge will review the evidence contained in the admitted exhibits and issue a written decision in the case. The parties retain the same rights to appeal as if a traditional hearing had been held where both parties appeared.
IMPORTANT: Please note that requesting hearing on written submission is different from waiving the right to a hearing. A hearing on written submission under Rule 159.210 is essentially a “paper hearing” where the judge only reviews the record of the case to make his or her decision about whether DPS is authorized to suspend your license, whereas a waiver of the hearing under Rule 159.203 means that you have decided to allow DPS to suspend your license by waiving (giving up) your right to a hearing.
You must join the assigned Zoom meeting (see instructions below) on the date and time indicated in your Notice of Hearing or continuance order if applicable. If you do not appear within 15 minutes of the scheduled time for your hearing, the judge may enter a default against you, meaning DPS will be authorized to suspend your driver’s license. Later in this guide, there is information regarding procedures to request vacating a default.However, even if you are late, you should still attempt to log into the meeting.
If you are having technical difficulties joining the meeting online or via the Zoom app, try to join by telephone as described below. It is important to notify SOAH as soon as possible (preferably within 15 minutes of the scheduled hearing) to advise that you are attempting to join the meeting but have been unsuccessful.
Note that when you first log in to the Zoom hearing, you will be in a virtual waiting room. The ALJ will not be in the waiting room, but other people set on the same docket likely will be. Generally, you cannot communicate with anyone while in the waiting room, but the ALJ has access to see who is present in the waiting room. The ALJ will admit everyone once they are ready to begin the docket. Be aware that once you are admitted to the hearing room you will be visible to everyone in the hearing room if you have camera capabilities and anything you vocalize will be heard by everyone in the hearing room, as well as by the ALJ, if you have not muted yourself. You will also be able to see and hear everyone else in the hearing room.
Zoom is videoconferencing software that is available online and through an app. Consult your Notice of Hearing (or continuance order if the case has been continued) for your Meeting ID and password to enter the meeting. Information related to the use of Zoom can be found on the company’s Zoom Support Page for Joining a Meeting. In addition, there are several instructional videos on YouTube. See Virtual Hearing Information for additional information regarding attending a Zoom hearing at SOAH.
If you do not have internet access, you may join the meeting by phone at 1-669-254-5252. Follow the voice prompts to enter the Meeting ID (same for both video and telephone) and password (different than the video password but listed in the same area of the Notice of Hearing or continuance order). If the judge calls your case or otherwise asks you to unmute, press “*6” so the judge can hear you. Since the judge will only see a phone number and cannot otherwise identify you, it is possible the judge will ask you to unmute and identify yourself so they can identify you and record your attendance, even if they are not yet ready to call your case.
Several cases are scheduled at the same time for each Zoom docket. You should remain in the Zoom room until your case is called and the judge has excused you. Most dockets are completed within an hour, but can last longer, so plan accordingly. Many judges will hear cases with attorneys first, as that allows those representing themselves to observe some hearings before their cases are called. If you have a special circumstance, you may request the judge to hear your case sooner, rather than later, on the docket. Also, if you have not yet received your pre-filed documents from DPS, or you otherwise need the case to be rescheduled, you may notify the judge if they ask to take up any prehearing matters at the beginning of the docket.
Please be aware that ALR hearings are intended to be short in duration and can often move quickly, so you will want to be in attendance at your scheduled hearing time and ready to present your case when it is your turn.
- Dress appropriately and follow the same rules of decorum as if you were in a physical courtroom.
- Attend the hearing in a quiet area with no background distractions.
- To avoid disruption of your hearing and minimize technical difficulties, please use a reliable internet connection to attend the hearing—or if using a mobile device—attend the hearing from a location with good mobile reception.
- Do not drive while attending your hearing. If you are in a vehicle, you should be legally parked in a safe area.
- When you log into the hearing, please use your first and last name as indicated in your ALR case records as opposed to a nickname. That way, the judge can easily identify the fact that you have appeared for your case.
- Be aware that even if you are unable to see yourself on the video, others may still be able to see you. If you must temporarily disengage while waiting for your case to be called for hearing, be sure to also temporarily stop your video.
- You should have your audio on “mute” unless you are asked by the judge to speak, or your case has been called.
- When your case is called by the judge, you should have both your audio and video on so that the judge and all participants can see and hear you.
- The judge will make an audio recording of the hearing. Participants are not allowed to make any audio or video recordings of any part of the proceedings.
After the judge announces your case, the judge will describe the hearing process and ask if you have any questions. While the judge cannot give you legal advice about how to proceed with your case, they can answer questions about the hearing procedures. If you become confused at any point during the hearing, you should ask questions. At the end of the hearing, the judge will usually ask if you have any questions before excusing you.
DPS has the burden of proving all issues in the Notice of Hearing by a preponderance of the evidence. A preponderance of the evidence means that the evidence proves a fact is more likely true than not.
The judge will start the recording and make a series of announcements to identify your case, such as the docket number, name, and date. The DPS attorney will then identify themself for the record, and you will be asked to state your name for the record. The judge will then explain the hearing process. If you have any questions about the hearing, you may ask the judge at any time during the hearing.
DPS will present its evidence first, since it has the burden of proof. DPS will offer its pre-filed exhibits, such as the arrest report, information regarding the officer’s request to you for a breath or blood specimen, results of the breath or blood test (when applicable), and your driving record (when applicable).
After DPS offers its exhibits, the judge will ask if you have any objections. You can also object at any point during the hearing if you think the other side’s evidence, witness testimony, or a question should not be allowed. An objection means you feel there is some legal reason the judge should not consider or allow the information. If you object, the judge will ask you to state the legal basis for your objection. If you simply disagree with or dislike the information included in an exhibit, this is not a valid legal objection. However, the judge will give you the opportunity to testify later in the hearing. By testifying, you can tell the judge how the information in the arrest report is wrong or add information that you feel is missing from the report.
DPS may have the stopping and/or the arresting officers come to the hearing to testify, but DPS is not required to do so. If DPS does call the officers as witnesses, the DPS attorney will ask them questions, and you will also be able to ask questions about your arrest.
When DPS has finished offering its evidence, you will have the opportunity to present evidence if you wish. You are not required to present evidence in the case, but if you do have documents or testimony that you believe will benefit your side of the case, then this is the time to present that evidence (such as a subpoenaed witness, documents you pre‑filed, or your own testimony). If you testify, the judge will place you under oath. If there is another court case regarding the same issues at the hearing, such as a criminal case for DWI, please be aware that your testimony in the ALR hearing could be used against you in your criminal case. Also, if you testify, the DPS attorney can ask you questions about any issues related to your hearing. REMEMBER you are not required to testify at your ALR hearing, however, only what you state under oath while testifying qualifies as evidence that the judge may consider in making their decision. Statements you make while objecting to an exhibit or arguments you make while acting as your own legal representative are not evidence, but are only considered by the judge for the purpose of ruling on your objection.
After the parties have finished offering evidence, both parties can make a closing argument. The closing argument gives you a final chance to explain your position on why the judge should rule in your favor. You may make a closing argument if you wish, but you do not have to.
The judge will not make a decision during the hearing. Instead, the judge will review the evidence and prepare a written decision, usually within four business days after your hearing.
The judge will review the evidence admitted into the record at the hearing. They will then decide if DPS proved each fact in the Notice of Hearing by a preponderance of the evidence. If so, then the judge must authorize DPS to suspend your license for the amount of time provided by law for your case. If DPS failed to prove its case, then the judge will deny DPS the authority to suspend your license.
The judge does not have the authority to consider issues not related to the matters outlined in the Notice of Hearing and may only consider the issues required by sections 524.035 or 724.042 of the Texas Transportation Code, as applicable. In other words, the judge cannot take into account an otherwise clean driving record, the fact that this was a first DWI offense, positive steps taken by a person since their arrest, or the necessity for the person to avoid suspension of their driver’s license due to work, school, childcare, or other considerations. The judge also lacks authority to change the statutory length of the suspension or probate a suspension. Finally, the judge lacks jurisdiction to issue an occupational (essential needs) driver’s license. Information regarding occupational driver’s licenses is contained later in this guide.
If a suspension is authorized, you must contact DPS to determine the starting and ending dates of the suspension. (see the Contacts section below for how to contact the DPS attorney). DPS (not SOAH) is responsible for ensuring that it administers your driving record and any suspension in a manner that is consistent with the judge’s final disposition of the case.
If you did not receive the Notice of Hearing or other setting notice before the hearing date, or an emergency or other issue caused you to miss your hearing, you may ask that the judge set aside the default and grant a new hearing. The request must be in writing and filed with SOAH within 10 business days after the default order was signed. You will need to provide your full name as it appears on your driver’s license, the docket number on the Notice of Hearing and default order, the hearing date, and the reason you did not appear for your hearing. You must also contact the assigned DPS attorney, determine whether they are opposed to the motion, and include that information as a “certificate of conference” in your motion (see the Contacts section below for how to contact the DPS attorney). You must then file your motion with SOAH and serve the DPS attorney with a copy. This can be done by eFiling your request or sending it using one of the approved alternate methods. See the above Filing Documents at SOAH section for specific information. The judge will consider your request and either set a hearing on the motion or issue a written order as to whether the default will be set aside. If the judge sets aside the default order, you will receive an order with the new hearing date and time. A form for a motion to set aside a default order (“Motion to Set Aside Default”) can be found on SOAH’s website: Driver's License Hearing Forms.
The appeal of ALR cases is governed by sections 524.041-.044 of the Texas Transportation Code. If you disagree with the judge’s decision, you may file an appeal in the county court‑at-law in the county where you were arrested. If there is no county court-at-law in the county, then you may file the appeal in the county court. The judge of the court handling the appeal will review the record of your hearing to determine whether to uphold the decision, reverse the decision, or take other action.
The appeal must be filed within 30 calendar days after the judge signed the decision and it must also be served on DPS (see the DPS rule regarding service on DPS: DPS Appeal Rules). Different courts have different procedures and fees for filing an appeal. You should contact the court where you will file your appeal for further information.
You must file a copy of the appeal petition with SOAH. This can be done by eFiling your request or sending it using one of the approved alternate methods. See the above Filing Documents at SOAH section for specific information. The copy submitted for filing must be filed-stamped or certified by the clerk of the court in which the petition is filed.
You will also need to order a certified record of the hearing within 10 days of filing the appeal and pay the applicable fee for the cost of preparing the record. You must complete the Appeal Transcript Request Form located on SOAH’s webpage Appeal Transcript Request Form and follow additional instructions on that page in order to obtain a hearing transcript for appeal purposes.
There are some jurisdictions where drivers are allowed to file a combined ALR appeal and occupational license petition with the understanding that the appeal will be dismissed once the occupational license is granted. A person who appeals a suspension for the sole purpose of seeking an essential need or occupational driver’s license may be excused from filing the record on appeal if the administrative record is not required by local rules of the court where the appeal is filed.
Some drivers will qualify for a temporary stay of their license suspension, up to 90 days, if they properly file an appeal and provide proper notice to DPS and SOAH. Drivers with prior alcohol-related suspensions on their driving records may not qualify for the temporary stay. Any questions related to your eligibility for a temporary stay should be directed to DPS.
You may qualify to apply for an Occupational Driver’s License. See that section below for details.
At the end of your suspension period, your license may be eligible for reinstatement. Your license is not automatically reinstated after the suspension period is over. If there are no other actions against your license, you can reinstate your license after paying the required fee to DPS (see information about the fee and the mailing address on the Notice of Suspension you received). If your official address with DPS (on your driving’s license) is not current, you should update the address as soon as possible to ensure you receive further mailings from DPS. Please note that including a new address on your request for hearing does not update your official driving record.
After your SOAH hearing, you may receive a decision suspending your driver’s license. Texas law allows a person whose driver’s license has been suspended to apply for a court order granting them an Occupational Driver’s License (ODL) that would allow them to legally drive for most essential daily activities. A SOAH judge cannot grant these types of licenses. Local Justice of the Peace (JP) courts (and also county and district courts) can hear requests for ODLs, and many courts have information on their websites about filing ODL requests. Not everyone qualifies for an ODL, and there are certain documents that must be submitted.
If you want an occupational driver’s license, here is some information to assist you in applying for and getting one.
STAGE 1. Applying for an ODL: The State Bar of Texas provides free information and sample forms for representing yourself in civil court matters on the website, https://texaslawhelp.org/. The section on ODLs can be found here: I need an Occupational Driver’s License.
STAGE 2. Getting an ODL: Once an ODL is granted, certain paperwork, including the order signed by the Judge, and a fee must be sent to the Texas Department of Public Safety (DPS). Information about what is required may be found on DPS’s website here: Texas Department of Public Safety.
Here is a guide to help you apply for and get an occupational driver’s license.
STAGE 1 | Filing with a Court for an Occupational Driver’s License (ODL) |
What is an ODL and how do I use it? Texas Transportation Code Sections 521.241-521.253 | A restricted license allowing driving for work, school, and essential household duties. It cannot be used for operation of a commercial motor vehicle. The court may order the use of an ignition interlock device and/or alcohol dependence counseling as a condition of the ODL. |
Who can file for an ODL? | A person whose driving privileges have been suspended or revoked. |
Where do I file for an ODL? | You may choose between a Justice of the Peace Court, county court, or district court. Counties with multiple courts may assign ODL cases to specific judges, so check with the clerk’s office to determine where to file your petition. You also have a choice between filing in the county where the underlying offense which led to your license suspension occurred, or the county where you reside. |
What needs to be filed with the court? | Petition for ODL - For a sample Petition, click HERE. Agreed Order Setting Hearing - Check with the clerk to see if your judge requires this. For a sample Agreed Order Setting Hearing click HERE. Order for ODL - You fill out the top portion and the judge fills out the rest. For a sample Order for Occupational Driver’s License click HERE. Type AR driving record - Certified abstract of complete driving record of license holder. Click HERE to order from DPS. SR-22 - Financial Responsibility Insurance Certificate-Obtain this from your Car Insurance Company. If you don’t own your own car, you can get a “Texas Non-Owner SR-22 Insurance Policy” from an insurance provider. For more information on SR-22s click HERE Proof you need to drive to work, school, or perform household duties, such as a current pay stub, school registration, or an unsworn declaration or affidavit. For an example of an unsworn declaration click HERE. If applicable, proof of ignition interlock device. Court Costs – These are usually paid to the Court when you file your petition. If you are unable to afford to pay the court costs, you may be entitled to have the Court waive them. Click HERE for more information on asking that court costs or fees be waived. |
When do I see the judge? | When you file your petition with the court, ask the clerk when you can have your hearing; this may require you to fill out additional paperwork to have the hearing set. On the date and time of your hearing, you must appear and bring all required documents. |
What happens next if the judge grants my petition for an ODL? | The order and other documents must be sent to DPS. This is Stage 2 (see table below). |
STAGE 2 | Filing the Order for an ODL with the Texas Department of Public Safety (DPS) |
How will DPS know that the judge granted my ODL, and can I legally drive as soon as the judge signs the Order? | A certified copy of the court order may be used when you drive for up to 45 days from the date of the judge’s signature. The actual ODL is issued by DPS once YOU send all required documents and fees to DPS. |
What do I need to send to DPS to have them issue my ODL? | A certified copy of your petition for an ODL. This can be obtained from the clerk of the Court where you file your petition. A certified copy of the court order granting the ODL. This can be obtained from the clerk of the Court where the petition is heard and granted by the judge. SR-22- Financial Responsibility Insurance Certificate - This can be obtained from your Car Insurance Company. If you don’t own your own car, you can get a “Texas Non-Owner SR-22 Insurance Policy” from an insurance provider. For more information on SR-22s click HERE. Payment of Occupational License Fee - This can be paid online or by mail (check or money order to DPS). Click HERE for a list of Driver’s License Fees and on-line payment. Payment of all reinstatement fees. Click HERE to pay Reinstatement Fees (Note: you will need your DL or ID number, date of birth, and last four digits of your SSN.) |
How do I send the required documents and information to DPS? | All required documents must be mailed together in one envelope to DPS at the following address: Texas Department of Public Safety Per DPS, you must write your full name, date of birth, and driver’s license number on each document submitted. If you have your suspension notice, include a copy so your driving record can be readily identified. Allow 21 business days for processing. |
When do I have to send the required documents and information to DPS? | Send required documents and fees to DPS as soon as possible after the judge signs the order, as you have a 45-day window for DPS to process your request for an ODL. To facilitate the above requirement, get at least the following from the clerk once the judge signs the order: one certified copy of the petition (you will send to DPS) and two certified copies of the order (you will send one to DPS and keep the other with you as proof you are eligible to drive with restrictions). After 45 days from the date the judge signs the order, you must have received the ODL from DPS or you must go back to court to have the deadline extended. |
Can DPS refuse to issue my ODL even if the judge ordered that I receive one? | Exceptions. DPS will not issue an ODL even if a judge has granted one if:
DPS will DELAY issuance of an ODL even if a judge has granted one for the following times and reasons:
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If the ALJ upholds the suspension, you cannot get a driver’s license until your suspension period is over and you have paid any other fees required by DPS.
SOAH does not have information about any potential action by another state. If the ALJ upholds the suspension, you will lose your privilege to drive in Texas until the suspension period is over and you have paid any other fees required by DPS.
Contact information for the Austin Headquarters and the Regional SOAH Offices can be found on SOAH’s website HERE.
Note: It is not appropriate for either self-represented parties or attorneys to have any direct contact with the judge outside of the actual hearing. The contact information provided above is for SOAH support staff and any discussions must be limited to only administrative or procedural matters. You will not be given the judge’s direct phone number or email address, and you must not attempt to contact the judge directly about your case outside of the formal hearing process.
If you are representing yourself, it is appropriate and sometimes required that you communicate directly with the DPS attorney handling your case for purposes of discussing procedural matters such as requests for rescheduling.
DPS has several offices across the state each handling cases from multiple counties. There are several DPS attorneys in each office who are each assigned to handle certain dockets. Depending on when your case is set and if it has been continued, more than one DPS attorney may be assigned to your case. However, your case will remain in one specific office based on the county where you were arrested.
Below is a list of the offices and the email address for each. If you do not know which office is handling your case, contact the office that is closest to you. If you prefer to contact DPS by phone, please call the main number listed on the Notice of Hearing: 1-800-394-9913.
Austin Office | alraustinzone-fax@dps.texas.gov |
San Antonio Office | alrsanantonioz@dps.texas.gov |
Dallas Office | alrdallaszone@dps.texas.gov |
El Paso Office | alrelpaso@dps.texas.gov |
Fort Worth Office | alrfortworthz@dps.texs.gov |
Houston Office | alrhoustonzone@dps.texas.gov |
Lubbock Office | alrlubbockzone@dps.texas.gov |
Amarillo Office | alramarillo@dps.texas.gov |
Midland Office | alrmidland@dps.texas.gov |
Abilene Office | alrabilene@dps.texas.gov |