You can request a hearing within 15 days of your suspension notice
When the Texas Department of Public Safety (DPS) suspends your license, you have a limited window to ask for a hearing before that suspension takes effect. You must request the hearing in writing within 15 days of the date on your suspension notice — not 15 days from when you receive it, but from the date printed on the notice itself. If you miss this important date, you lose the right to a hearing and your suspension becomes final.
The hearing gives you a chance to challenge the suspension in front of a neutral examiner who will review the facts of your case. This is your opportunity to present evidence, question witnesses, and argue why the suspension should not stand. Understanding how to request this hearing and what to expect is the first step in defending your license.
Key Takeaways
- You must request a hearing in writing within 15 days of the date on your suspension notice, or you forfeit your right to challenge it.
- Send your written request to the DPS office listed on your notice, either by mail, fax, or in person — email is not accepted.
- Your hearing will be held by an administrative law judge or DPS hearing officer, not a court judge, and the rules are less formal than a trial.
- You can represent yourself or hire a lawyer, bring witnesses, and present documents as evidence during the hearing.
- The examiner will issue a decision within 10 days of the hearing, and you can appeal to district court if you disagree with the outcome.
Where and how to submit your written request
Your suspension notice includes the name and address of the DPS office that issued it. This is where you send your request for a hearing. You have three options: mail, fax, or hand-deliver it in person. Do not email your request — DPS does not accept hearing requests by email.
Your written request does not need to be formal or lengthy. It should include your name, driver's license number, the date of your suspension notice, and a clear statement that you are requesting a hearing. Keep a copy for your records. If you mail it, send it certified mail with return receipt so you have proof of when it arrived. If you fax it, ask for a confirmation page showing the date and time it was received. If you deliver it in person, ask for a stamped receipt showing the date.
The 15-day clock starts on the date printed on your suspension notice, not the date you received it. If day 15 falls on a weekend or holiday, you can submit your request on the next business day. Once DPS receives your request, they will schedule your hearing and send you a notice with the date, time, and location.
What happens between your request and your hearing
After you submit your request, DPS will send you a hearing notice by mail. This notice will tell you when and where your hearing will be held, who the examiner will be, and what documents you should bring. Read this notice carefully and mark the date on your calendar — missing your hearing date means you forfeit your right to challenge the suspension.
The hearing is usually held at a DPS office or a state office building in your area, though some hearings can be conducted by phone or video if you request it. You should ask about remote hearing options when you submit your request if you cannot travel to the office. The hearing typically takes 30 minutes to an hour, depending on how much evidence you present.
Before the hearing, gather any documents that support your case: police reports, medical records, witness statements, maintenance records for your vehicle, or anything else relevant to why the suspension should not stand. If you plan to bring witnesses, let them know the date and time and explain what they will be asked about. You can also request documents from DPS or the arresting officer through a process called discovery, though you may need to ask about this when you receive your hearing notice.
Who will hear your case and what the hearing looks like
Your hearing will be conducted by an administrative law judge or a DPS hearing officer — not a district court judge. These examiners are trained to hear suspension cases and follow the Texas Administrative Code rules for these hearings. The hearing is less formal than a court trial, but the examiner still expects you to present clear evidence and follow basic rules of procedure.
At the hearing, the DPS representative (usually an officer or prosecutor) will present their case first, explaining why your license was suspended. They will present documents and may call witnesses. You then have the chance to cross-examine them — ask questions about their evidence and testimony. After that, you present your case: your evidence, your witnesses, and your own testimony if you choose to testify. The examiner may ask you questions at any point.
You can bring a lawyer to represent you, though you are not required to. If you cannot afford a lawyer and believe you cannot represent yourself, you can ask the examiner about options, though DPS does not provide lawyers for free. You can also bring a friend or family member for support, though they cannot speak for you unless they are your lawyer.
What evidence and witnesses you can present
You can present any evidence that is relevant to your case. This includes documents (receipts, photographs, medical records, emails), physical objects, and witness testimony. Witnesses can be anyone with knowledge of the facts — a friend who was in the car with you, a mechanic who can testify about your vehicle's condition, a doctor who can explain a medical condition, or anyone else who saw what happened.
Witnesses do not have to appear in person if that is not possible. You can ask the examiner to allow testimony by phone or video. You should let the examiner know in advance if a witness cannot attend in person so they can arrange an alternative. If a witness refuses to come voluntarily, you can ask DPS to issue a subpoena, though this requires advance notice and a showing that the witness's testimony is necessary.
There are limits on what evidence the examiner will accept. Hearsay — statements made by someone not in the room — is generally not allowed unless it falls into a specific exception. The examiner will tell you if evidence is not admissible. Do not worry if you are not sure what is allowed; the examiner will guide you through the process.
Understanding the decision and your options after the hearing
The examiner will issue a written decision within 10 days of your hearing. This decision will state whether your suspension is upheld, modified, or reversed. The examiner will explain the reasoning behind the decision, citing the evidence and the law. You will receive a copy by mail.
If the examiner upholds your suspension, you have one more option: you can appeal to district court in the county where you live or where the suspension was issued. You must file this appeal within 30 days of the examiner's decision. An appeal to district court is a formal legal proceeding, and at this stage, having a lawyer is strongly recommended. The district court will review the examiner's decision and the record of the hearing to decide whether it was correct.
If the examiner reverses or modifies your suspension, DPS will reinstate your license or adjust the suspension period accordingly. You should receive your license in the mail or be able to pick it up at a DPS office within a few business days.
Common mistakes that hurt your case
Missing the 15-day important date is the most costly mistake. Once it passes, you cannot request a hearing and your suspension is final. Mark the date on your calendar the moment you receive your suspension notice and submit your request well before day 15.
Failing to appear at your scheduled hearing is the second most costly mistake. If you cannot make the date, contact DPS when ready and ask to reschedule. If you do not show up and do not have a valid reason, the examiner will dismiss your case and your suspension stands.
Bringing no evidence or witnesses is a third common problem. The examiner can only rule in your favor if you present evidence that supports your position. Showing up and saying you disagree with the suspension is not enough. Prepare your case in advance and bring documents and witnesses that directly address why the suspension should not stand.
Frequently Asked Questions
What if I did not receive my suspension notice?
DPS mails suspension notices to the address on file with your license. If you did not receive it, the 15-day important date still applies from the date DPS mailed it, not from when you found out about the suspension. Contact DPS when ready if you believe you did not receive notice. You may still be able to request a hearing if you act quickly, but waiting too long will forfeit your right.
Can I request a hearing by phone or email?
No. DPS requires a written request submitted by mail, fax, or in person. Calling DPS to request a hearing does not count. You must have a written record showing when your request was received. Send it certified mail or fax it with a confirmation page to prove the date.
Do I have to pay a fee to request a hearing?
DPS does not charge a fee to request a hearing on a license suspension. However, if you hire a lawyer to represent you, you will pay their fees. Some lawyers offer free consultations to discuss your case before you decide whether to hire them.
What if I want to hire a lawyer but cannot afford one?
DPS does not provide free lawyers for suspension hearings. You can contact your local bar association or legal aid office to ask about low-cost or sliding-scale legal services. Some lawyers also offer payment plans. You can also represent yourself, though this is riskier if your case is complex.
Can my suspension take effect while I am waiting for my hearing?
Yes. Requesting a hearing does not automatically stop your suspension from taking effect. Your license will be suspended on the date listed in your notice unless the examiner or a court orders otherwise. If you need to drive during this time, you may be able to request an occupational license from the district court, which allows limited driving for work, school, or medical reasons.