DWI License Suspensions

DWI cases always involve two different aspects. Most people do not realize that the DWI charge and the license suspension process are completely separate.  One is the civil license suspension proceeding, referred to as the Administrative License Revocation (ALR) Hearing. The other is criminal in nature, and that involves whether or not there will be a conviction for Driving While Intoxicated (DWI). You can read more about the ALR process here.

The civil case typically begins as soon as the driver is arrested for DWI. The defendant has 15 days to request the ALR hearing.  If you do not request a hearing within this timeframe, your license will automatically be suspended on the 41st day after your arrest. If the ALR hearing is conducted and the Administrative Law Judge (ALJ) grants the suspension of the license, the length will depend on whether a chemical test was given and whether there are any prior DWI convictions.

During the ALR hearing, the burden of proof is on DPS. They must prove that the officer had reasonable suspicion to initiate a traffic stop and probable cause to arrest the driver for DWI. It should be noted that the standard with which the ALJ uses to determine whether the license will be suspended is lower than that which is used in the criminal proceeding. Based on this, an overwhelming number of the ALR hearings conducted (where the officer appears) the ALJ orders the license to be suspended.

TEXAS ADMINISTRATIVE LICENSE SUSPENSION PERIODS 


In a Texas DWI case, the administrative license suspension penalties differ depending on whether a chemical test was refused or failed (.08 or higher), and whether there have been any subsequent license suspensions or DWI convictions.

1st Time DWI Arrest:

Breath Test Failure: If you submit to a chemical test (either breath or blood) when you were arrested for a DWI, and the result is a BAC of .08 or higher, your license will be suspended for 90 days.

Breath Test Refusal: If you refuse a chemical test offered by the arresting officer after they have read the required DIC-24 statutory warning following the DWI arrest, your license will be suspended for a period of 180 days.

DWI Subsequent:  

If the accused has had prior alcohol or drug related contact within the previous 10 years, the license suspension periods increase in length.

Breath Test Failure: If you submit to a chemical test (either breath or blood) when you were arrested for a DWI, and the result is a BAC of .08 or higher, and you have had prior alcohol or drug-related conduct within the past 10 years, your license will be suspended for a period of 1-year.

Breath Test Refusal: If you refuse a chemical test offered by the arresting officer after they have read the required DIC-24 statutory warning following the DWI arrest, and you have had prior alcohol or drug-related conduct within the past 10 years, your license will be suspended for a period of 2-years.

Occupational License Waiting Periods:  If you have had a prior Alcohol or Drug License Suspension within the last 5 years, the waiting period to be eligible for an occupational driving license is 90 days. If you have had a prior Alcohol or Drug License Conviction within the last 5 years, the waiting period to be eligible for an occupational driving license is 180 days.