How a DWI Affects Your Driver’s License in Texas

A DWI arrest in Texas doesn’t just put your criminal record at risk – it puts your ability to drive at risk almost immediately, through a process most people don’t know exists until they’re in the middle of it. Texas actually runs two separate systems that can suspend your license after a DWI: one administrative, one criminal. Understanding both, and the strict deadlines attached to each, is the difference between keeping some driving privileges and losing them for up to two years.

Two Separate Suspension Processes

The first is the Administrative License Revocation (ALR) program, run by the Texas Department of Public Safety (DPS). It’s a civil process, completely separate from your criminal case, and it can suspend your license regardless of whether you’re ever convicted. The second is a criminal suspension, which only happens if a court actually convicts you of DWI. It’s possible to face both from the same arrest – and the time you already served under an ALR suspension is credited toward a later criminal suspension if you’re convicted.

What Triggers an Automatic License Suspension

DPS will move to suspend your license under the ALR program if you:

• Refuse to take a breath or blood test after a DWI arrest, or
• Provide a breath or blood sample showing a blood alcohol concentration (BAC) of 0.08% or higher in a non-commercial vehicle (0.04% for commercial drivers)

If either applies, the arresting officer issues a suspension notice on the spot. If you consented to a blood draw and the results come back over the limit later, DPS mails the notice instead once lab results are in.

The 15-Day Deadline You Cannot Miss

You have 15 days from the date you’re served the suspension notice to request an ALR hearing and contest it. Miss that window, and according to Texas DPS, the suspension automatically takes effect on the 40th day after you were served notice – regardless of how your criminal case turns out. The hearing itself is held by the State Office of Administrative Hearings (SOAH), where an administrative law judge decides whether the officer had reasonable suspicion to stop you, probable cause to arrest you, and whether testing procedures were followed correctly.

How Long Will My License Actually Be Suspended?

Suspension length depends on which process applies and whether it’s a first offense:

• Refused testing, first time: 180-day ALR suspension
• Refused testing, repeat refusal: up to 2 years
• Failed testing (BAC 0.08%+), first offense: 90-day ALR suspension
• Failed testing, repeat offense: up to 2 years
• Criminal conviction (court-ordered): up to 2 years, typically 90 days to 1 year for a first conviction and 180 days to 2 years for a second or third
• Drivers under 21 convicted of DWI: an automatic 1-year suspension (18 months for a subsequent offense), regardless of BAC

These figures are confirmed directly by the Texas Department of Public Safety.

The Cost of Getting Your License Back

Beyond the suspension itself, reinstating your license comes with its own price tag:

• $125 reinstatement fee for an ALR suspension
• $100 reinstatement fee for a criminal conviction suspension
• SR-22 high-risk insurance, required for two years from the date of conviction
• Ignition interlock device (IID) installation, required as a condition of driving in many cases

None of these are optional add-ons – they’re standard requirements DPS enforces before your driving privileges are fully restored.

Can You Still Drive During a Suspension?

Yes, in many cases. Texas allows eligible drivers to petition for an occupational license – sometimes called an essential-need license – that permits driving for work, school, or essential household duties during a suspension. It’s limited to non-commercial vehicles, generally allows driving for up to 12 hours a day across up to six days a week, and requires a court petition, SR-22 insurance, and payment of associated fees. Some drivers will also need an ignition interlock device installed as a condition of the occupational license. Learn more about occupational licenses and how to apply.

Does a DWI Follow You Forever?

A DWI conviction remains on your Texas record indefinitely unless you take legal action to address it. Eligible first-time offenders may be able to pursue an order of non-disclosure – a form of record sealing – after completing probation and waiting out the required period. This won’t undo a license suspension that already happened, but it can limit who’s able to see the conviction on background checks going forward. Learn more about DWI record sealing.

Frequently Asked Questions

Will my license be suspended immediately after a DWI arrest in Texas?

No. You’re typically given a temporary permit at the time of arrest, and the suspension doesn’t take effect until the 40th day afterward if you don’t request an ALR hearing within 15 days.

What’s the difference between an ALR suspension and a criminal suspension?

The ALR suspension is a civil, administrative action tied to refusing or failing a chemical test – it happens regardless of your case outcome. A criminal suspension only applies if you’re convicted of DWI in court.

Can I get an occupational license after a DWI in Texas?

In most cases, yes. An occupational license allows limited driving for work, school, or essential household duties, though it requires a court petition and SR-22 insurance.

Do I still need to request an ALR hearing if I plan to fight the criminal charge?

Yes. The two processes are independent, so winning your criminal case does not undo an ALR suspension you didn’t separately contest within the 15-day window.

How long does a DWI stay on my driving record in Texas?

Indefinitely, unless you qualify for and complete an order of non-disclosure. The conviction itself is separate from the suspension period, which ends once you meet reinstatement requirements.

Protect Your License Before the Clock Runs Out

The 15-day window to contest a license suspension moves fast, and it doesn’t wait for your criminal case to catch up. If you’ve been arrested for a DWI in Fort Worth, Cole Paschall Law can evaluate your options for both the ALR hearing and the criminal charge. Call (817) 477-4100 for a free consultation.