A DWI arrest in El Paso starts two separate cases. The criminal charge goes to an El Paso County Court at Law. The license case starts the moment the officer hands you a pink DIC-25 notice and takes your license, because refusing or failing a breath or blood test triggers an automatic suspension by DPS unless you request an Administrative License Revocation hearing within 15 days. Miss that window and the suspension takes effect on the 40th day after notice, no matter how weak the arrest was. The Law Office of Robert Navar requests and handles ALR hearings for a flat fee, and you never have to attend.
The ALR program lives in Texas Transportation Code Chapter 524, which covers test failures at 0.08 or above, and Chapter 724, which covers refusals under the implied consent law. A first refusal brings a 180-day suspension and a first failure 90 days, with longer periods for prior alcohol contacts. The hearing is held before an administrative law judge at the State Office of Administrative Hearings, not the criminal court, and DPS must prove reasonable suspicion for the stop, probable cause for the arrest and, for refusals, that you were properly warned and actually refused. Requesting the hearing also keeps you driving on a temporary permit until the judge rules.
Robert Navar files the hearing request immediately, subpoenas the arresting officer, obtains the offense report, video and breath test records, and cross-examines the officer at a hearing that in El Paso is routinely conducted by telephone or video. You are not required to be there and normally should not be, because anything said at the ALR hearing can be used in the DWI case. Even when the suspension is upheld, the sworn testimony of the officer becomes valuable evidence for the criminal defense, and if it is not, we prepare the occupational driver's license petition so you can drive to work the day the suspension begins.
The 15-day deadline and what happens if you miss it
The DIC-25 notice you received at arrest is your notice of suspension and your temporary driving permit. Under Sections 524.031 and 724.041 you have 15 days from that notice to request a hearing; if the notice was mailed because blood results came later, the clock runs from the mailing date. A timely request keeps your license valid until the administrative judge issues a decision, which often means several extra months of legal driving. If no request is made, DPS suspends your license automatically 40 days after notice, and your only remaining option is an occupational license and, later, reinstatement with the 125-dollar ALR fee under Section 524.051.
How the ALR hearing works for El Paso drivers
ALR hearings for El Paso arrests are handled by the State Office of Administrative Hearings, and the judge, DPS attorney and defense attorney usually appear by telephone or videoconference. The burden is on DPS. If the officer is subpoenaed and does not appear, or cannot establish reasonable suspicion for the stop, probable cause for the arrest or a proper statutory warning, the judge denies the suspension and your license stays valid. Many hearings turn on the details of the traffic stop on Mesa, Montana or I-10 and on whether the DIC-24 warning was read correctly. The decision is mailed within a few weeks and can be appealed to an El Paso County court.
What's included
- Hearing request filed with DPS within the 15-day deadline, with written confirmation
- Subpoena of the arresting officer and any breath test operator or technical supervisor
- Request and review of the offense report, in-car and body-cam video and test records
- Attorney representation at the SOAH hearing, by phone or video, with no need for you to attend
- Cross-examination of the officer and written closing argument on the suspension
- Copy of the hearing record and officer testimony for use in your DWI defense
- If the suspension is upheld, a discounted occupational driver's license petition
How it works
Call us within 15 days
Send a photo of your DIC-25 notice and the date of arrest. We file the ALR hearing request with DPS the same day, which preserves your right to drive on the temporary permit until the judge rules.
We build the record
Robert Navar subpoenas the officer, obtains the report, video and test documentation from the El Paso agency involved, and identifies every weakness in the stop, the arrest and the warnings.
We handle the hearing
He appears before the administrative law judge by phone or video, cross-examines the officer and argues against the suspension. You stay home. We send you the decision and, if needed, file for an occupational license right away.
