A DWI arrest in Texas doesn’t just mean criminal charges – it can immediately impact your ability to drive and maintain your normal life.
Within hours of your arrest, two separate processes begin: the criminal case against you and an administrative license suspension that could leave you unable to drive to work, take your kids to school, or handle daily responsibilities.
You have rights, but the clock starts ticking immediately. The Texas Department of Public Safety will automatically suspend your license unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.
Missing this deadline could cause you to lose your license before you ever step foot in a criminal court.
At McConathy Law, we’ve spent over 30 years helping Dallas residents protect their driving privileges after DWI arrests.
We understand what you’re facing:
- Potential license suspension ranging from 90 days to 2 years
- Criminal penalties that could affect your future
- The stress of wondering how you’ll manage without a license
- Concerns about your job, family obligations, and reputation
Don’t let confusion about the legal process cost you your driving privileges. Our Dallas defense team will explain your options in plain language, handle the complex paperwork, and fight to protect your rights every step of the way.
Call our Dallas DWI lawyer at 972-528-0116 for a confidential consultation. The sooner we can start working on your case, the more options we’ll have to protect your driving privileges and your future.
Step 1: Understanding the Two Types of License Suspensions
A DWI arrest in Texas triggers two distinct processes that can affect your driver’s license.
Understanding these differences is essential for protecting your driving privileges.
Administrative License Suspension (ALR)
When you’re arrested for DWI, the administrative suspension process begins immediately. This suspension is triggered when you either refuse a breath or blood test or fail one by testing over the legal limit.
The Department of Public Safety handles this process separately from your criminal case, and it moves quickly.
Even if you’re never convicted of DWI, you could still lose your license through the administrative process.
Criminal License Suspension
A criminal license suspension only comes into play if you’re convicted of DWI in court. This suspension is part of your criminal punishment and is handled through the court system.
The court considers factors like prior convictions, blood alcohol level, and whether an accident occurred. A conviction can lead to a suspension ranging from 90 days to two years, depending on your specific circumstances.
First-Time DWI Offenses (90 Days – 1 Year Suspension)
An individual who has been convicted of the following DWI offenses will receive a license suspension for a period ranging from 90 days to one year:
- First DWI,
- First DWI with a child passenger,
- First DWI with an open container in the car, or
- First DWI assault.
Second or Subsequent DWI Offenses
- For a second or subsequent DWI assault within five years, the suspension increases to 90 days to 1 year plus an additional 1-year suspension.
- For second or subsequent DWI-related offenses (except manslaughter), the suspension is 180 days to 2 years. If the offense occurs within five years of a prior DWI conviction, the suspension is 1 to 2 years.
- For DWI manslaughter, the suspension period is 180 days to 2 years. A second or subsequent offense within ten years results in an additional 1 to 2 years of suspension plus an additional one to two years.
Interaction Between The Two
The relationship between administrative and criminal suspensions can work to your advantage with proper legal handling.
Time served under an administrative suspension may count toward a criminal suspension if you’re later convicted.
However, this credit isn’t automatic – it requires careful attention to legal deadlines and proper documentation.
Understanding how these suspensions interact can help minimize the total time you’re without a license.
Step 2: Respond to Your Administrative License Suspension
What Is an ALR Hearing?
An ALR hearing is your opportunity to contest your license suspension before it takes effect.
During this hearing, a judge reviews the circumstances of your arrest and the evidence supporting your license suspension. This administrative process runs parallel to your criminal case and represents your best chance to keep your license while your DWI case proceeds through court.
How To Request an ALR Hearing?
Time is of the essence after a DWI arrest. You must submit a written hearing request to the Texas Department of Public Safety within 15 days of receiving your notice of suspension.
Missing this deadline means automatic suspension of your license. The request must include your name, driver’s license number, date of arrest, and the county of arrest. Send your request by certified mail to ensure proof of timely filing.
Preparing For an ALR Hearing
At your hearing, the state must prove specific elements to suspend your license. The officer must have had reasonable suspicion to stop you and probable cause to arrest you.
For failed tests, they must prove your blood alcohol concentration was over the legal limit. For refusals, they must show you actually refused testing after proper warnings.
Our experienced criminal defense lawyer will challenge these elements by examining officer testimony, questioning testing procedures, and identifying procedural mistakes. Police reports often contain errors, testing equipment may be improperly maintained, and officers sometimes fail to follow required protocols.
These issues can lead to winning your hearing and keeping your license.
Your ALR hearing also provides a valuable opportunity to preview the state’s evidence before your criminal case. The testimony and documentation presented can help shape your defense strategy for the DWI charge itself.
Time is critical when dealing with a DWI suspension. Contact our Collin DWI lawyer today for a step-by-step strategy to get your license back and move forward with confidence.
Step 3: Understand Suspension Durations for DWI in Texas
Suspension Periods Based on Offense
An individual who has been convicted of the following DWI offenses will receive a license suspension for a period ranging from 90 days to one year:
- First DWI with a child passenger,
- First DWI,
- First DWI with an open container in the car, or
- First DWI assault.
First-time DWI offenders face license suspensions ranging from 90 days to one year. The exact duration often depends on factors like cooperation with law enforcement and blood alcohol concentration at the time of arrest.
A failed breath test typically results in a 90-day suspension, while test refusal leads to a 180-day suspension.
Second and subsequent offenses carry more severe consequences, with suspensions lasting between 180 days and two years.
Any license suspension period cannot begin before the date of the DWI conviction and must begin before the 30th day after conviction.
The court considers your prior record and the circumstances of your current arrest when determining the length. If your arrest involves aggravating factors, such as a blood alcohol concentration over .15 or having a child passenger, you face enhanced penalties.
These cases often result in maximum suspension periods and additional requirements like mandatory ignition interlock devices.
Special Rules for CDL and Underage Drivers
Commercial driver’s license holders face particularly harsh consequences. A first DWI offense triggers a one-year CDL disqualification, even if the violation occurred in your personal vehicle.
A second offense results in lifetime disqualification from commercial driving, effectively ending your career.
These penalties apply regardless of whether you were operating a commercial vehicle at the time of arrest.
Texas takes an especially firm stance with underage drivers through its Zero Tolerance policy.
Any detectable amount of alcohol can result in a license suspension for drivers under 21. First violations bring a 60-day suspension, with subsequent offenses leading to suspensions up to two years.
Under Texas law (Tex. Transp. Code Ann. § 521.342), individuals under 21 automatically receive a one-year license suspension upon conviction of a DWI-related offense.
These penalties aim to discourage underage drinking and protect young drivers.
Suspension Period Summary Table
Type Of Offense | Suspension Duration |
First DWI (Failed Test) | 90 days |
First DWI (Test Refusal) | 180 days |
Second DWI | 180 days – 2 years |
High BAC (>.15) | Up to 2 years |
DWI with Child | Up to 2 years |
CDL First Offense | 1 year |
CDL Second Offense | Lifetime |
Under 21 (First) | 60 days |
Under 21 (Subsequent) | Up to 2 years |
Step 4: The DWI Trial Process
Pretrial Steps
Your DWI case begins its journey through the Texas court system immediately after arrest. For most first-time offenses, the case is filed as a misdemeanor through an “information” document.
More serious cases, such as those involving injuries or multiple prior convictions, proceed as felonies through grand jury indictment.
Your first court appearance involves several important decisions.
The judge sets bail conditions and you enter an initial plea. During this phase, we examine the evidence against you and identify potential weaknesses in the prosecution’s case.
We file strategic pretrial motions to suppress evidence obtained through improper procedures or challenge the probable cause for your arrest. These early steps often prove critical in building a strong defense.
The Trial Process
Should your case proceed to trial, the state must prove your guilt beyond a reasonable doubt.
During jury selection, we work to secure jurors who will fairly consider your case. The prosecution presents evidence of intoxication, which might include officer testimony, blood alcohol test results, or field sobriety test performance.
We challenge this evidence through cross-examination and present our own evidence supporting your defense.
The trial’s outcome directly affects your license status. A not-guilty verdict prevents criminal license suspension entirely, while a conviction triggers mandatory suspension periods. Even if conviction seems likely, trial performance can influence the severity of penalties and suspension duration.
Why The Trial Matters For Your License
Success at trial does more than clear your name – it protects your driving privileges.
By exposing weaknesses in the prosecution’s case, we often create leverage for better plea negotiations or complete dismissal. Common issues we target include improper traffic stops, flawed testing procedures, and violations of your constitutional rights.
At McConathy Law, we understand the complexities of DWI trials and their impact on your license. Our experience handling thousands of DWI cases in Dallas courts means we know what strategies work.
We guide you through each step, from challenging evidence to negotiating with prosecutors, always focusing on protecting your driving privileges and your future. Contact our Denton DWI lawyer today for guidance!
Step 5: Apply for an Occupational Driver’s License (ODL)
What Is An Occupational License?
An occupational driver’s license serves as a lifeline when your regular license is suspended.
This restricted license allows you to drive for essential activities, including work commutes, household duties, medical appointments, and educational purposes.
While not a full reinstatement of privileges, it helps maintain your daily responsibilities during suspension.
The license comes with specific restrictions tailored to your needs.
You’ll receive a detailed log to track your driving hours, and you must carry your court order whenever operating a vehicle. Think of it as a temporary solution that helps you maintain your livelihood while dealing with your DWI case.
Eligibility and Waiting Periods
For first-time administrative license suspensions, you can apply for an ODL immediately. However, repeat offenders face mandatory waiting periods before becoming eligible.
These periods vary based on your specific situation – 90 days for some cases, extending to 180 days or even one year for others.
Some circumstances might affect your eligibility. Commercial drivers cannot receive an ODL for commercial vehicles.
Additionally, if you have multiple recent suspensions or a poor driving record, the court may impose stricter requirements or deny the application entirely.
Application Steps
Securing an ODL requires careful attention to detail and proper documentation. You’ll need to obtain SR-22 insurance, which proves financial responsibility to the state.
This special insurance filing must remain active throughout your suspension period. Your petition to the court must include:
- A detailed work schedule or essential needs statement
- Proof of SR-22 insurance coverage
- Evidence of your essential driving needs
- A proposed driving schedule within the 4-12 hour daily limit
The court reviews these materials to determine appropriate restrictions. Most ODLs limit driving to specific hours and essential locations. You must maintain detailed logs of your driving activity and comply with all restrictions to avoid further penalties.
The process requires precise documentation and court appearances. A single mistake can delay approval or result in denial.
Working with our experienced attorney ensures proper filing and increases your chances of approval with the most favorable terms possible.
Step 6: Reinstate Your Suspended License
When Can You Reinstate Your License?
The path to license reinstatement opens once your suspension period ends, but timing alone isn’t enough.
You must complete all court-ordered requirements before Texas will restore your driving privileges. These requirements might include alcohol education programs, community service hours, or payment of fines.
Missing even one requirement can delay your reinstatement, so tracking your progress becomes essential.
Steps To Reinstatement
The reinstatement process begins with paying a $125 fee to the Texas Department of Public Safety.
This fee covers administrative costs and signals your intent to restore your license. However, payment alone doesn’t complete the process.
You must maintain SR-22 insurance coverage, which proves your financial responsibility to the state. This special insurance filing must remain active for two years from your reinstatement date.
Your insurance provider files this document directly with Texas DPS, but you’re responsible for maintaining continuous coverage.
The final steps often include completing required education programs. Texas typically requires completion of a DWI education course within 180 days of your conviction.
Some cases might require additional programs, such as a drug or alcohol dependency assessment or victim impact panels.
Once you’ve met all requirements, Texas DPS reviews your file. A single missing element can stall the entire process, so careful attention to detail matters. The department notifies you when your license becomes valid again, and you can resume driving with full privileges.
A DWI license suspension doesn’t have to derail your life. Contact our DWI lawyer in Texas today for expert advice and personalized guidance on the steps you need to take.
Step 7: Avoid Driving While Your License Is Suspended
Penalties for Driving With a Suspended License
Driving while suspended carries serious consequences in Texas. A first offense typically results in a Class C misdemeanor charge and up to a $500 fine.
However, the real impact often extends beyond the fine itself. A conviction adds points to your driving record and can trigger additional suspension time.
The penalties become more severe if you have prior convictions or if certain factors are present.
Causing an accident while driving suspended, driving without insurance, or having alcohol in your system can elevate the charge to a Class B misdemeanor. This enhancement brings the possibility of jail time and fines up to $2,000. Each subsequent offense increases the likelihood of mandatory jail sentences.
Legal Options If Caught Driving Suspended
Several legal options remain available if you’re charged with driving while suspended. An occupational license might provide a path forward if you haven’t already applied for one. This restricted license allows essential travel and can prevent additional charges while your regular license remains suspended.
You may also have grounds to appeal the underlying suspension, especially if new evidence emerges or proper procedures weren’t followed. Sometimes, technical defenses exist based on notice requirements or the specific circumstances of your stop. The key is addressing the situation promptly rather than risking additional charges.
The best approach, however, remains avoiding suspended driving entirely.
The temporary inconvenience of arranging alternative transportation outweighs the serious consequences of a suspended license charge. Planning ahead for essential travel through carpools, ride-sharing services, or public transportation helps prevent the temptation to drive while suspended.
FAQs
How long is a DWI license suspension in Texas?
License suspension periods vary based on your specific situation. First-time offenses typically result in a 90-day to one-year suspension, while repeat offenses can lead to suspensions lasting up to two years. Administrative suspensions from failing or refusing a breath test range from 90 days to 180 days for first offenses.
What happens if I miss the ALR hearing deadline?
Missing the 15-day deadline to request an ALR hearing means automatic license suspension. The Department of Public Safety will proceed with the suspension as scheduled, and you lose your opportunity to contest it. The suspension takes effect 40 days after your arrest, without any hearing or further review.
What is SR-22 insurance, and why do I need it?
SR-22 insurance isn’t actually insurance but a certificate your insurance company files with Texas DPS proving you maintain the required liability coverage. You need this filing after a DWI to reinstate your license and must maintain it for two years. It serves as proof of financial responsibility.
Can I drive while my license is suspended in Texas?
Driving with a suspended license is illegal and carries serious penalties, including fines of up to $500 for first offenses and possible jail time for repeat violations. However, you may qualify for an occupational license allowing limited driving for essential activities like work and medical appointments.
How do I prepare for a DWI trial in Texas?
Preparation involves gathering evidence supporting your defense, reviewing police reports and testing procedures for errors, and working closely with our attorney to understand potential outcomes. Document everything about your arrest, maintain contact with witnesses, and follow our attorney’s guidance about court appearances and behavior.
Why You Need Legal Help for a DWI License Suspension
Benefits of an Attorney
Facing a DWI license suspension means handling two separate legal processes while meeting strict deadlines and requirements.
A single missed deadline or incorrectly filed document can result in automatic suspension. Our experienced DWI defense lawyers handle these complex procedures daily, ensuring proper filing of ALR hearing requests and gathering evidence to contest your suspension.
We understand the technical aspects of DWI cases that often lead to dismissed charges or reduced penalties. From challenging breath test accuracy to questioning field sobriety test procedures, we identify issues that others might miss.
When it comes to occupational licenses, we know what judges look for in applications and how to present your case effectively.
Track Record
For over 30 years, McConathy Law has successfully defended Dallas residents facing DWI charges in Texas and license suspensions.
Our deep understanding of local courts and relationships with prosecutors often helps achieve better outcomes for our clients. We’ve handled thousands of ALR hearings and helped numerous clients maintain their driving privileges when facing suspension.
Our success stems from treating each case individually. While some firms handle DWI cases like an assembly line, we examine every detail of your situation.
From first-time offenders to complex cases involving multiple charges, we’ve consistently helped clients protect their driving privileges and minimize the impact on their lives.
Contact our Tarrant DWI lawyer at 972-528-0116 for a consultation about your DWI license suspension case. The sooner we begin working on your defense, the more options we have to protect your driving privileges.
