A first-offense Texas DWI triggers a license suspension of 90 days to 1 year under Transportation Code Chapter 524 (for failing a breath/blood test) or 180 days to 2 years under Chapter 724 (for refusing the test). You have 15 days from arrest to request an ALR hearing or the suspension becomes automatic. Occupational licenses are available under § 521.242 for most drivers.
A DWI arrest in Texas triggers two completely separate license suspensions — one civil, one criminal. Miss the 15-day window, and your license suspension becomes automatic. Here is exactly how Texas DWI license suspensions work, what you can do to fight them, and how to qualify for an occupational license if suspension is unavoidable.
The Two Tracks: Civil vs. Criminal Suspension
A Texas DWI arrest triggers two completely independent license suspensions most drivers don't realize are separate:
- The civil (administrative) suspension — handled by the Texas Department of Public Safety (DPS) under Transportation Code Chapters 524 and 724. This happens regardless of your criminal case outcome.
- The criminal conviction suspension — imposed by the criminal court if you are convicted. This is separate from the administrative suspension and typically runs consecutively.
Understanding this two-track system is critical. You can win your criminal DWI case and still lose your license through the administrative track, or vice versa. Each requires a different defense strategy on a different timeline.
Chapter 524: Failing a Breath or Blood Test
Under Texas Transportation Code Chapter 524, if your test shows a BAC of 0.08 or higher (or any amount for drivers under 21), your license is subject to administrative suspension:
- First offense: 90-day suspension
- Second or subsequent within 10 years: 1-year suspension
- Under 21 with any detectable alcohol: 60-day suspension for first offense
The suspension begins 40 days after arrest unless you timely request an ALR hearing.
Chapter 724: Refusing the Test
Texas is an implied consent state. Under § 724.013, refusing the test triggers harsher penalties:
- First refusal: 180-day suspension
- Second or subsequent within 10 years: 2-year suspension
Officers frequently obtain a warrant for a blood draw after refusal, and the refusal itself is admissible at trial.
The 15-Day Deadline
The officer should have served you with Form DIC-25 informing you of the suspension. To challenge it, you must request an ALR hearing in writing within 15 days of arrest under § 524.031.
Miss the window and the suspension is automatic — no second chance. The 15-day deadline runs from arrest, not from release.
Even if the evidence is strong, requesting the ALR hearing is almost always right — it lets your attorney cross-examine the arresting officer under oath.
How the ALR Hearing Works
ALR hearings are conducted by administrative law judges at the State Office of Administrative Hearings (SOAH). DPS must prove by preponderance:
- Reasonable suspicion for the stop
- Probable cause to arrest for DWI
- Proper DIC-24 warnings
- Refusal or BAC of 0.08+
Any failure results in dismissal. See Terry v. Ohio, 392 U.S. 1 (1968).
Occupational Licenses — § 521.242
Under Transportation Code § 521.242, drivers with suspended licenses may qualify for an occupational driver's license authorizing up to 12 hours of driving per day for work, school, or essential household duties. See Wood v. Texas Dep't of Public Safety, 331 S.W.3d 78 (Tex. App. 2010).
Requirements:
- License suspended (not revoked)
- SR-22 financial responsibility insurance
- Petition filed in the appropriate court
- Ignition interlock under § 521.246 (DWI-related suspensions)
Reinstatement Requirements
After the suspension ends, reinstatement requires:
- $125 reinstatement fee
- Complete DWI education program
- Maintain SR-22 for 2 years
- Complete any ignition interlock period
- Pay any Driver Responsibility surcharges
Frequently Asked Questions
Can I drive after my DWI arrest?
Yes, for up to 40 days from arrest. The suspension begins 40 days after arrest unless you request an ALR hearing, which delays it further.
What if I miss the ALR hearing?
A default order sustains the suspension. You lose the right to contest it.
Can I get an occupational license with a CDL?
Not for commercial driving. You may still get an ODL for personal driving only under § 522.084.
Does winning the ALR dismiss the criminal case?
No. The ALR is civil and independent. Winning it may help your criminal defense but doesn't dismiss it.
Does a Texas DWI suspension transfer to other states?
Yes, under the Driver License Compact across 44 states.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing a Texas DWI in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.