Upshur County ALR Hearing Guide

Fifteen days. That's the entire window to request a hearing contesting a Texas license suspension after a DWI arrest, and in Upshur County the deadline is treated as absolute — miss it, and the suspension kicks in automatically on day 40 with no further recourse. The officer typically hands over the DIC-25 suspension notice on the spot at arrest, which also works as a temporary permit, so the clock is usually running from the moment of release, not from some later mailed letter.

File it in a way that proves you filed it

Requests go to Texas DPS, either through the online portal or by fax to (512) 424-2650. The fax route has a real advantage: it produces an immediate, time-stamped confirmation receipt, which is worth more than a mailed request that offers no proof it arrived before the deadline. Filing within 48 hours of release, rather than waiting, is the standard defense-attorney advice — a timely request puts a legal hold on the suspension and lets the defendant keep driving while the hearing, which can take 30 to 120 days for the state to schedule, is pending.

A lower bar for the state, a real opening for the defense

Because ALR is a civil hearing rather than a criminal trial, DPS only has to prove its case by a preponderance of the evidence, not beyond a reasonable doubt. That lower bar cuts against the defendant on the license question, but the hearing itself is valuable for a different reason: it's usually the first chance to subpoena the arresting officer and cross-examine them under oath, months before the criminal trial. Locking in that testimony early, and having a transcript to compare it against later, is often worth the trip even if the license ends up suspended anyway.