License Suspensions Overview for DWIs in Texas

A DWI charge in Texas can cost you your driving privileges almost immediately—even before your case goes to court. Whether you refused or failed a breath test, your license is suspended under the Administrative License Revocation (ALR) program, and a DWI conviction can add even more time to that suspension.

But losing your license isn’t always the end of the road. You may be able to fight the suspension in an ALR hearing or apply for an occupational license to drive legally for work and essential needs. Time is critical, and knowing your options can make all the difference. Let’s break it all down.

How Long Will Your License Be Suspended After a DWI in Texas?

A DWI license suspension depends on various factors, including whether it’s your first offense, whether you refused a breath or blood test, and whether any aggravating factors apply (such as having a child in the car or previous offenses). Below is a breakdown of the suspension periods you might face.

1. Administrative License Revocation (ALR) Suspension

This happens immediately after your DWI arrest if you either:

• Refused a breath or blood test (which is considered a violation under Texas’s implied consent law).
• Failed a breath or blood test (having a blood alcohol concentration [BAC] of 0.08% or more).

ALR Suspension Periods:

• First-time failure of a breath/blood test → 90-day suspension
• First-time refusal of a test → 180-day suspension
• Second refusal or failure (within 10 years) → Up to 2 years

Even if your DWI offense is dismissed later, the ALR suspension is separate from the criminal license suspension and still applies.

2. Criminal License Suspension

Once convicted of driving while intoxicated (DWI) in a Texas criminal court, the judge may impose an additional license suspension period based on your history.

• First DWI conviction (Class B misdemeanor) → Up to 1-year suspension
• Second DWI conviction (Class A misdemeanor) → Up to 2-year suspension
• Third or more convictions (Felony charges) → Up to 2-year suspension
• DWI with a child passenger (Class C misdemeanor) → Mandatory 180-day suspension

Your criminal suspension can overlap with your ALR suspension, but they are separate penalties.

How to Get an Occupational License?

Losing your license doesn’t necessarily mean you’re stuck at home with no way to get to work, school, or necessary places like the grocery store. Texas allows some individuals with suspended licenses to apply for an Occupational License, also known as an Essential Need License.

What Is an Occupational License?

An occupational license allows you to drive for essential purposes only—like work, school, and basic household duties. It is not a full driver’s license and comes with restrictions.

Steps to Obtain an Occupational License

1. File a Petition

• You must file a petition in the correct court (either the county or district court where you live or where the DWI occurred).
• In some cases, an ALR hearing judge can issue one directly.

2. Provide Required Documents

• You’ll need to prove that you need the license to get to work, school, or fulfill essential duties.
• SR-22 Insurance: This is special high-risk auto insurance required in Texas for DWI-related offenses.
• Court Fees & Fines: Fees vary by county, but expect to pay between $100 and $300 just for filing.
• For the waiting period, depending on your case, you might have to wait:
  • No waiting period for first-time offenders.
  • 30 days if your license was suspended due to a DWI conviction.
  • 90 days if you have a previous alcohol or drug-related suspension.
  • 180 days if you refused a breath or blood test and had a prior DWI charge.

3. Follow the Court’s Restrictions

• You may have limited hours and locations where you can drive.
• You may have to install an Ignition Interlock Device (IID) if ordered by the court.
• The court may require you to keep a driving log to prove you’re following the rules.

Driving outside the allowed hours or for unapproved reasons can result in arrest and additional penalties.

How to Prepare for an Administrative License Revocation (ALR) Hearing?

The ALR hearing is your chance to fight your administrative license suspension before the Texas Department of Public Safety (DPS). This hearing is separate from your criminal DWI case, and it focuses only on whether you should lose your driving privileges.

How to Request an ALR Hearing?

• You must request a hearing within 15 days of your arrest.
• If you miss this deadline, your license is suspended automatically after 40 days.
• To request a hearing, visit the Texas DPS website or contact a DWI criminal defense attorney to help you file the request.

What Happens at an ALR Hearing?

At the hearing, the DPS will present evidence against you, and you (or your attorney) can challenge it. Some key points:

• The arresting officer must testify and explain why they stopped you.
• You (or your attorney) can cross-examine the officer and question the legitimacy of the stop or test.
• If the officer fails to appear, you could win by default and keep your license.

Possible Outcomes of an ALR Hearing

• Win: Your suspension is lifted
• Lose: Your suspension goes into effect as scheduled

Arrested? Don’t Plea, Call Me!

If you’re facing a DWI license suspension in Texas, knowing your rights and options is critical. Acting quickly and understanding the legal process can help you minimize the impact of a DWI on your daily life. If in doubt, consult with a Texas Criminal Defense Group to guide you through the process.