In Texas, you'll face two potential license suspensions after a DWI: administrative and criminal. For first-time offenders, an administrative suspension ranges from 90 to 180 days if you fail a breath/blood test, or 180 days if you refuse testing. Criminal suspensions after conviction typically last 90 days to one year. You have 15 days post-arrest to request an ALR hearing to contest the administrative suspension. You may qualify for an occupational license for essential travel, but you'll need to pay fees, maintain SR-22 insurance, and possibly install an ignition interlock device. Multiple factors can impact your specific suspension length and requirements.
First-Time DWI License Suspension Details
Two distinct types of license suspension can affect first-time DWI offenders in Texas: administrative and criminal.
An Administrative License Suspension (ALR) occurs immediately after you fail or refuse a breath or blood test, regardless of criminal conviction. If you refuse testing, you'll face a 180-day suspension, while failing the test results in a 90 to 180-day suspension. Aggravating circumstances like having minors in the vehicle can lead to longer suspension periods. It is important to note that SR-22 insurance may be required for reinstatement following a DWI conviction.
You'll receive a temporary permit valid for 40 days after arrest.
Criminal suspension happens after conviction and ranges from 90 days to one year, beginning within 30 days of your court date. The judge determines the exact length within these guidelines.
You may need to install an ignition interlock device to maintain driving privileges.
Factors Affecting Suspension Length
When facing a DWI license suspension in Texas, several key factors determine the length of your suspension period. Your blood alcohol concentration, age, and whether you're operating a commercial vehicle all play significant roles in the decision. The presence of minors in your vehicle during the offense can result in enhanced penalties.
- Number of previous DWI offenses within the past five years
- Whether you refused chemical testing (180-day minimum suspension)
- Presence of aggravating circumstances like accidents or injuries
- Commercial driver status (stricter 0.04% BAC limit applies)
- Additional charges or circumstances affecting your case
If you're involved in an accident causing injury or death, you'll face more severe penalties. Additionally, understanding the consequences of DUI/DWI convictions is crucial, as they can significantly impact your driving record and insurance rates.
The installation of an ignition interlock device may be required, particularly for repeat offenders or as a condition for maintaining limited driving privileges.
Administrative License Revocation Process
The Administrative License Revocation (ALR) process begins immediately after a DWI arrest in Texas.
You'll have just 15 days to request a formal review hearing, or your license will be automatically suspended on the 40th day following your arrest.
During the ALR hearing, which is separate from your criminal case, the state will attempt to suspend your license based on either test refusal or failure.
If you've refused testing, you're facing a 180-day suspension for a first offense or two years with a prior conviction.
If you failed the test, you'll face a 90-day suspension for a first offense or one year with a previous conviction.
After the suspension period, you'll need to pay a $125 reinstatement fee to restore your driving privileges. Additionally, you may be required to obtain Non-Owner SR-22 Insurance to demonstrate financial responsibility before reinstating your license.
Occupational License Requirements
Drivers facing a license suspension in Texas can apply for an Occupational Driver's License (ODL) to maintain limited driving privileges.
You'll need to file a verified petition with the court where your offense occurred or where you reside, demonstrating your essential need to drive.
Key requirements for obtaining an ODL include:
- Maintaining SR-22 insurance coverage throughout the suspension period
- Using the license only for non-commercial purposes
- Complying with court-ordered driving hour restrictions
- Installing an Ignition Interlock Device if required
- Following all DPS requirements and paying necessary fees
You can't qualify for an ODL if your license was suspended due to medical reasons or delinquent child support.
The court order serves as your temporary license for up to 30 days while DPS processes your official ODL.
Steps to Restore Driving Privileges
After receiving a DWI in Texas, you'll need to follow specific steps to restore your suspended driving privileges.
First, you must decide whether to request an ALR hearing within 15 days of your arrest to challenge the automatic suspension. If you don't request a hearing, your license will be suspended after 40 days.
You'll face a suspension period of 90 days to 1 year for first-time offenses, or 6 months to 2 years for subsequent convictions.
Once the suspension ends, you must pay annual fees of $1,000 to $2,000 for three years. You may also need to install an ignition interlock device.
Remember to notify the Texas Department of Public Safety of any changes in your license status and comply with all court requirements to avoid additional penalties.
Conclusion
You'll face a 90-day to 1-year license suspension for your first DWI in Texas, coinciding with the timeframe needed to complete mandatory DWI education courses. If you've refused a breath test, you're looking at an automatic 180-day suspension. Remember, these periods align perfectly with the state's probation requirements, so you'll want to plan your license reinstatement strategy accordingly to minimize disruption to your life.