How Long Is Your License Suspended for DWI? Key Insights and Solutions

1. First-Time DWI Arrest (Failed Breath or Blood Test)

• Adult (21+ years old): 90 days

• Minor (Under 21): 60 days

• Applies if your Blood Alcohol Concentration (BAC) is 0.08 or higher.

2. First-Time DWI Arrest (Refused Breath or Blood Test)

• Adult (21+ years old): 180 days

• Minor (Under 21): 180 days

• Texas follows the Implied Consent Law, meaning refusal leads to an automatic license suspension even if you aren’t convicted.

3. Second or Subsequent DWI Arrest (Failed Test)

• If you have a previous ALR suspension within the last 10 years: 1 year

4. Second or Subsequent DWI Arrest (Refused Test)

• If you refused a test before or have prior ALR suspensions: 2 years

• Refusing a test multiple times increases the suspension period.

5. Commercial Driver’s License (CDL) Holders

• 1-year suspension for a first-time DWI offense (failed test or refusal).

• Lifetime disqualification for a second DWI offense or if you refuse a test twice.

6. ALR Suspensions for Minors (Under 21)

• First offense (BAC detected but under 0.08): 60 days

• Subsequent offenses: 120 days to 180 days

• If a minor refuses a breath or blood test, the suspension follows adult refusal penalties (180 days to 2 years).

7. ALR Suspension for an Intoxication-Related Offense (DWI with Injury or Fatality)

• If charged with Intoxication Assault or Intoxication Manslaughter:

  • 180 days to 2 years depending on prior history and case severity.

Understanding DWI License Suspension

If you are arrested for driving while intoxicated (DWI) in Texas, you may face an immediate driver’s license suspension. The length of your DWI license suspension depends on several factors, including whether you submitted to a breath or blood test and whether you have previous DWI convictions.

Texas law enforcement officers can confiscate your driver’s license after a DWI arrest, but the license suspension does not begin right away. You will receive a Notice of Suspension, which acts as a temporary Texas driver’s license for 40 days. However, to challenge the license suspension, you must request a hearing within 15 days.

If you fail to request a hearing, your driver’s license suspension depends on whether the DWI conviction is your first offense or if you have a history of prior DWI conviction.

What Happens to Your Driver’s License After a DWI Arrest?

After a DWI arrest, your driver’s license suspension is not automatic. You have 15 days to request a hearing known as an Administrative License Revocation (ALR) hearing. This administrative process is separate from criminal court proceedings and is handled by the Texas Department of Public Safety (Texas DPS).

Failing to request an ALR hearing means your license will be suspended immediately after the 40-day temporary permit expires. The suspension period varies depending on the DWI charges, refusal to take a breath test, or the outcome of the criminal DWI case.

The Administrative License Revocation (ALR) Process

Overview of the ALR Process

The Administrative License Revocation (ALR) hearing is a civil case that determines whether your license suspension should go into effect. It is separate from your criminal court case and focuses on whether the law enforcement officer had reasonable suspicion to stop you and whether you refused or failed a blood or breath test.

During this administrative hearing, an administrative law judge will review the police report, evidence from the breathalyzer test, and any testimony from the arresting officer.

If the judge rules against you, your license suspension will take effect, but you may still appeal.

ALR Hearing and License Suspension

What to Expect at the ALR Hearing

When facing a DWI license suspension, understanding the Administrative License Revocation (ALR) hearing process is crucial. This civil proceeding, separate from the criminal court case, determines whether your driver’s license suspension is justified. The State of Texas will present its case, and you will have the opportunity to challenge it.

DWI Conviction and License Suspension Periods

First-Time DWI Offense

For a first Texas DWI conviction, your license suspension can range from 90 days to up to two years. The specific suspension period depends on whether you failed or refused a breath or blood test and whether you had a previous DWI conviction.

If you refuse a test, your license suspension could be longer due to implied consent laws in Texas. Additionally, a first offense may require an ignition interlock device before your driver’s license is reinstated.

Repeat DWI Offenses

If you have previous DWI convictions, your license suspension will be longer. A second DWI conviction results in a license suspension between 180 days and two years.

For a third DWI conviction, you face a mandatory license suspension of up to two years.

A subsequent conviction within the previous ten years can lead to additional penalties, including a longer suspension period and higher reinstatement fees.

Reinstatement of Driving Privileges

How to Get Your License Reinstated

Once the license suspension period ends, you must complete several steps to regain your driving privileges. These steps may include:

• Completing a DWI education program

• Paying reinstatement fees to the Texas Department of Public Safety

• Providing proof of insurance

If your license was suspended immediately after a DWI conviction, you may need to install an ignition interlock device (IID) before reinstating your Texas driver’s license.

Occupational Driver’s License (ODL)

What is an Occupational Driver’s License?

If your license is suspended, you may be eligible for an occupational driver’s license (ODL), which allows limited driving for work, school, or essential errands.

To qualify for an occupational driver’s license, you must prove that your driving privileges are necessary and that you have no recent previous DWI convictions that would prevent eligibility.

Seeking Help for DWI License Suspension

How to Get Help with Your DWI License Suspension

A DWI license suspension can severely impact your life, making it difficult to work, attend school, or complete daily tasks. Seeking assistance from an Austin DWI lawyer can help you navigate the criminal court and administrative license revocation hearing processes.

An experienced DWI attorney can request a hearing, challenge the DWI charges, and fight to reduce or eliminate your license suspension.

Many law firms offer a free consultation, allowing you to explore your legal representation options and determine the best course of action.

Long-Term Consequences of a DWI Conviction

How Long Does a DWI Conviction Remain on Your Record?

A DWI conviction in Texas remains on your criminal record permanently. This can affect your ability to secure employment, housing, and insurance.

Because a DWI conviction can have lifelong effects, it is essential to work with an Austin DWI lawyer to minimize the consequences.

Conclusion

Understanding the DWI license suspension process in Texas is crucial for protecting your driving privileges. The consequences of a DWI arrest can include license suspension, fines, and a permanent mark on your criminal record.

If you are facing a DWI license suspension, an experienced defense attorney can help you request a hearing, challenge the DWI charges, and seek an occupational driver’s license.

For more information on your options, schedule a free consultation with a law firm specializing in DWI defense today.