This is separate from the DWI charge you face. It is based on your refusal or failure of a breath test. The officer will confiscate your license and give you a temporary license in its place. You have only 15 days from the date of the failure or refusal of a breath test to request a formal Administrative License Revocation Hearing. If the ALR is not requested within the 15 days, it is waived and your license suspension will begin automatically on the 41st day after the failure or refusal of the breath test.
However, if you request the hearing, the Texas Department of Public Safety cannot suspend your license until after your hearing. ALR hearings are a very important part of defending a DWI case. I may be able to avoid any license suspension by having the ALR hearing. In addition, it is a valuable opportunity to require the state to produce the evidence they intend to use against you. At the hearing, I will have the chance to question the officer under oath. That will give me an opportunity to lock him into his observations of you and your stop. This is important because during trial if the officer changes his testimony we can show the jury he is not being honest.