What Is the State Office of Administrative Hearings?

 Posted on March 05, 2025 in DUI/DWI

If you have been arrested under suspicion of driving while intoxicated (DWI), the arresting police officer will - by law if you refuse or fail a breath test - physically take possession of your driver's license, and you will be given a Notice of Suspension. Contrary to popular belief, it is NOT an automatic suspension. You have the legal right to challenge the suspension in an Administrative License Revocation (ALR) hearing. You must file a request for an ALR hearing within 15 days of your arrest.

Evidence in an ALR hearing can be used in a later DWI criminal trial. For that reason alone, you should seriously consider hiring a board-certified criminal and DWI defense attorney to represent you in the hearing. Most of DWI specialist Doug Murphy's clients save their driver's licenses at their ALR hearings.

SOAH—Court Basics

Texas’s State Office of Administrative Hearings (SOAH) handles litigation relating to Texas' various state agencies. SOAH matters are legal proceedings, supervised by an Administrative Law Judge. In many ways, they are just like a trial in another court: Evidence is presented; witnesses can be subpoenaed and testify; lawyers make arguments before the judge; and the judge makes a decision.

But SOAH cases are different in that they are all civil proceedings, not criminal cases. A SOAH case may result in fines or other punishments, but there is no risk of prison from a SOAH proceeding alone.

To win in a SOAH proceeding, the person bearing the burden of proof must only show there is "a preponderance of the evidence"—meaning it is more likely than not that the factual allegations are true. That is a much lower burden of proof than in criminal trials, which must use the "beyond a reasonable doubt" standard. All of the cases are litigated before a judge, without a jury, and the court follows Texas' rules of civil procedure.

Types of Cases Heard by SOAH

Cases at SOAH fall under two categories: "general hearings" and driver's license-related ALR cases.

General Hearing

While a state agency usually brings these matters forward, individuals can also do so if they believe the agency has wrongly acted against them. SOHA's jurisdiction includes:

• Professional licensing and regulation
• Workers' compensation disputes
• Elder care
• Child abuse and neglect
• Financial and utility regulation

ALR Hearing

In an ALR hearing, you can challenge the merit of the suspension of your license. Commons arguments used to dispute the suspension include:

• There was no reasonable suspicion for the police officer to stop the driver.
• There was no probable cause for a search.
• There was no proper request for a breath or blood sample.
• There was no refusal or failure of a breath or blood test, or the driver's blood alcohol concentration (BAC) was below the legal limit.

You Need a Houston DWI Defense Attorney Representing You

While the outcome of the ALR will not directly impact a result in a DWI case, you and the prosecutor may rely on evidence introduced in the ALR in a later criminal trial. Inconsistencies in testimony can be used to impeach a witness. It is important to think of the ALR hearing as not only a hearing about your driver's license but also a dry run for some of the legal defenses you may use in a DWI trial. That is why it is so important to be represented by an expert DWI Defense lawyer.

One of the best DWI lawyers in Houston, Doug Murphy brings over 20 years of experience in the courtroom. Repeatedly named one of the Best Lawyers in America by US News and World Report, Mr. Murphy currently serves as the Dean of the National College for DUI Defense at Harvard Law School, and he served two terms on the board of directors and as co-chair of the DWI Committee with the Texas Criminal Defense Lawyers Association. Doug is a Past President of the Harris County Criminal Lawyers Association.

If you are facing DWI charges in Texas, call Murphy & McKinney Law Firm, P.C. at 713-229-8333 to discuss your case and begin working on your defense.