If you were arrested for DWI last night or this morning, the officer likely took your physical license and handed you a pink form. That form isn’t just a receipt. It’s a temporary driving permit with an expiration date, and it comes with a deadline most people don’t realize is already running: 15 days to request a hearing that could determine whether you keep your license long before your criminal case ever reaches a courtroom.
At Law Office of Steve O. Gonzalez, our attorneys have over 32 years of combined experience handling DWI defense for clients throughout Brazoria County. One of the most consistent things we see is people waiting on their court date, assuming the license issue will sort itself out alongside the criminal charge. It won’t. These are two separate legal processes on two completely different timelines, and understanding that distinction right now is what gives you options.
Two Separate Cases Start the Moment You’re Arrested
A DWI arrest in Texas immediately triggers two parallel proceedings. The first is the criminal case, which will eventually be heard at the Brazoria County Courthouse in Angleton, at County Court at Law No. 1 or No. 2 at 111 E. Locust St. That case moves at the pace of the criminal court calendar. In Brazoria County, defendants typically wait several months before their first criminal court setting.
The second proceeding is a civil administrative case that controls your driver’s license. It’s handled by the Texas Department of Public Safety (DPS) through the State Office of Administrative Hearings (SOAH), a body entirely separate from the criminal courts. This administrative clock doesn’t wait for your criminal case to catch up. By the time you appear before a judge in Angleton on the DWI charge, the license question may already be settled.
The Pink Form, the 40-Day Window, & the 15-Day Deadline
The pink form the officer gave you is formally called the DIC-25 Notice of Suspension. It functions as a temporary driving permit, valid for 40 days from the date of service. After those 40 days, your license is automatically suspended unless you act within the first 15. That action is requesting an Administrative License Revocation (ALR) hearing, the civil process under Texas Transportation Code Chapter 524 that governs license suspensions after a DWI arrest. Requesting the hearing before day 15 pauses the automatic suspension and keeps the temporary permit valid until the hearing is decided. Miss the deadline, and the suspension begins on day 40 with no administrative appeal path remaining.
If you submitted to a breath test or refused testing, the clock started the day the officer served you the DIC-25 at the scene. Blood-test cases work differently. When a blood draw is taken and results aren’t available at the time of arrest, DPS mails the notice of suspension later once results come back. The clock then runs from the date the notice is presumed received, meaning you may have less time than you expect from when you actually see the letter.
This makes your address on file with DPS genuinely critical. If DPS has an outdated address and the notice goes to the wrong location, the clock still runs. Verifying and updating your DPS address as soon as possible after a blood-draw arrest isn’t a minor detail.
What the ALR Hearing Actually Decides
The ALR hearing is conducted by an Administrative Law Judge (ALJ) through SOAH. In Brazoria County, these hearings are now held via Zoom teleconference. The judge rules on four specific questions: whether the officer had reasonable suspicion to make the traffic stop, whether there was probable cause for the arrest, whether you were properly asked to submit to chemical testing under Texas’s implied consent law, and whether you refused or provided a specimen at or above a 0.08 blood alcohol concentration.
The standard of proof is preponderance of the evidence. It’s enough for DPS to show it’s more likely than not that these elements are met. That’s a lower bar than what the state must clear in criminal court. A driver can lose the ALR hearing and still be acquitted of the DWI charge later. These are independent decisions.
Suspension lengths under Texas Transportation Code Chapter 524:
- First offense with BAC at or above 0.08: 90-day suspension
- First-offense refusal to provide a specimen: 180-day suspension
- Subsequent offense with BAC at or above 0.08: One-year suspension
- Subsequent refusal to provide a specimen: Two-year suspension
Requesting the Hearing Is Also a Criminal Defense Move
Requesting the ALR hearing on time accomplishes two things at once. It stays the automatic suspension, keeping you licensed while the hearing is pending. It also creates an early, formal opportunity to question the arresting officer under oath, often months before any criminal court proceeding takes place.
That testimony is transcribed. If the officer’s account at the ALR hearing later differs from what they say on the stand in criminal court, that transcript becomes impeachment material. A discrepancy in how the officer describes the stop, the field sobriety tests, or the request for a chemical specimen can carry real weight in the criminal defense. We treat the ALR hearing as the opening move in the full defense, not a separate administrative task to delegate or skip.
If the Suspension Can’t Be Prevented: The Occupational Driver’s License
If the 15-day window has already passed, or if the ALR hearing is requested and lost, a Texas occupational driver’s license (ODL) allows you to continue driving for essential purposes during the suspension period, including travel to work, school, and necessary household activities. Obtaining one requires a court order, proof of financial responsibility in the form of an SR-22 insurance certificate, and in some cases installation of an ignition interlock device. The petition process takes time and legal coordination. The earlier we’re involved, the less disruption there can be between a suspension taking effect and regaining limited driving privileges.
The 15-day deadline is the single most time-sensitive action you face after a DWI arrest in Brazoria County, and it runs parallel to a criminal process that won’t begin for months. Steve Gonzalez and Kristina King handle the ALR hearing request and the criminal defense together so both clocks are addressed from day one. To get started, contact Law Office of Steve O. Gonzalez at (832) 900-9867.