Does requesting an ALR hearing stop my license suspension in Texas?

Does requesting an ALR hearing stop a license suspension in Texas?

The Texas Transportation Code says a request for a hearing stays an administrative license revocation (ALR) suspension in Texas until the date of the final decision of the administrative law judge.¹ The Texas Department of Public Safety (DPS) says that failure to appear for the hearing results in an affirmative finding and a final judgment.³ DPS also says that if the hearing is granted and the finding is negative, the pending suspension is lifted and any associated reinstatement fees are refunded.³ The Transportation Code also says a refusal suspension takes effect on the 40th day after notice², counted from when the person receives, or is considered to have received, notice of the suspension. The statute states the stay in these words:

A request for a hearing stays the suspension or denial until the date of the final decision of the administrative law judge.

When does an ALR suspension take effect in Texas?

Part of the Transportation Code rule on the effective date reads:

A suspension or denial takes effect on the 40th day after the date on which the person: (1) receives notice of suspension or denial under Section 724.032 (a)

What happens to an ALR suspension after an acquittal or a rescission in Texas?

Outcome	What the sources say
A criminal charge from the same arrest ends in an acquittal	The Transportation Code says the ALR suspension may not be imposed, or the department rescinds it if already imposed.4
Suspension rescinded by the department, an administrative law judge or a court	The $1255 reinstatement fee is not required.5

What the sources do not state

The sources used here do not describe how the stay ends after the judge decides, or what the judge decides on. They also do not say what happens to the suspension after a final judgment.

Next step

The DPS page on administrative license revocation is the agency’s own page on the hearing. The filing lookup tool on this site lists the filing type, fee and duration for a violation.