Criminal DWI Charge vs. the Civil ALR Case

When a person is arrested for DWI, there are two cases involved: a criminal case and a civil case. The criminal case is prosecuted through the local criminal court system according to the Texas law. This where you have to worry about jail time or probation.
 
The other case is a civil case reviewed by the Department of Motor Vehicles. The DMV reviews the case for an Administrative License Revocation, also known as an ALR. An ALR can result from refusal to submit to breath test or a result of .08 or greater.Once the DMV serves a driver with notice of an ALR, the driver has FIFTEEN days to request a hearing. If the driver fails to request a hearing, the suspension automatically goes into place on the 40th day after the notice from the DMV. This is why you should contact a DWI attorney immediately after your arrest, as the window for response to the DMV notice is narrow.