When Can a Driver’s License Be Suspended After a DWI Arrest?
Facing a DWI arrest can be one of the most stressful experiences a driver encounters. Texas has strict laws regarding drinking and driving, and the consequences can begin even before a case reaches court. Losing the ability to legally drive can disrupt work, family responsibilities, and daily life.
Knowing when a driver’s license can be suspended after a DWI arrest—and what options exist to challenge or limit that suspension—is critical for protecting your future on the road. At McDougal Law Firm in Richmond, Texas, we’ve seen how quickly a DWI arrest can lead to license suspension if the right steps aren’t taken.
We help clients in Fort Bend County, Wharton County, Colorado County, and other areas west of Houston understand Texas law, prepare for hearings, and pursue the best outcome in protecting their driving privileges. Keep reading to learn more about driver’s license suspensions.
Immediate Administrative License Suspension Process
In Texas, a driver’s license suspension after a DWI arrest can happen through an Administrative License Revocation (ALR) process, separate from any criminal case, according to the Texas Department of Public Safety. This administrative action focuses only on the driving privilege, not on criminal guilt or innocence.
The ALR process typically starts if:
The driver refuses a breath or blood test – Texas has implied consent laws, meaning all drivers agree to chemical testing when suspected of DWI. Refusing the test triggers an automatic suspension.
The driver fails a breath or blood test – If the test result shows a blood alcohol concentration (BAC) of 0.08% or higher, the Department of Public Safety (DPS) can begin suspension procedures.
Both situations can lead to suspension even before the DWI case is resolved in court.
These administrative suspensions can feel immediate and overwhelming, but they can be challenged—if action is taken quickly.
Timeframe for License Suspension After A DWI Arrest
The suspension of a driver’s license after a DWI arrest doesn’t take effect the moment the driver is stopped. Instead, there are specific timelines set by Texas law.
Key timeframes to know include:
15-day deadline to request a hearing – Once a notice of suspension is received, the driver has 15 days to request an ALR hearing. Missing this deadline usually means the suspension automatically takes effect.
Suspension start date – If no hearing is requested or the driver loses at the hearing, the suspension usually begins 40 days after the notice is served.
Length of suspension – Refusals can lead to suspensions of 180 days for a first offense, while failed tests can mean 90 days for a first offense. Repeat offenses result in longer suspensions.
Because these timelines move quickly, drivers must act fast to preserve their rights.
Impact of Refusing Chemical Testing
Refusing to provide a breath or blood sample during a DWI arrest has serious consequences under Texas law. This refusal alone can result in a suspension, even if the driver isn’t ultimately convicted of DWI.
The main consequences of refusal can include:
Longer suspension periods – Refusals generally carry harsher penalties than failing the test.
Use of refusal as evidence – Prosecutors can argue that refusal suggests a driver knew they were intoxicated.
Limited defense options – While refusal may prevent an immediate BAC reading, it doesn’t necessarily protect against a conviction.
Choosing to refuse a test is a significant decision, and it can impact both the administrative and criminal sides of a case.
Consequences of Failing Chemical Testing
Failing a chemical test after a DWI arrest also triggers potential license suspension. A BAC at or above the legal limit gives DPS grounds to suspend the license, even if the criminal case is pending.
Possible consequences include:
Shorter suspension periods than refusal – For a first offense, the suspension is often 90 days rather than 180.
Immediate DPS action – The officer will issue a notice of suspension at the time of arrest.
Impact on ALR hearing strategy – A failed test changes the defense approach compared to a refusal.
Failing a test is often easier for the state to prove in an ALR hearing, which is why preparation is key.
How an ALR Hearing Can Protect Your License
Requesting an ALR hearing after a DWI arrest is the only way to contest the administrative suspension. This hearing allows us to challenge whether the officer had probable cause for the stop, whether proper procedures were followed, and whether test results were accurate.
At an ALR hearing, we can:
Question the arresting officer – Their testimony may reveal procedural mistakes or inconsistencies.
Review breath or blood test evidence – Technical issues or chain-of-custody problems can undermine the state’s case.
Preserve testimony for criminal defense – Statements from the ALR hearing can be valuable later in court.
Even if the hearing doesn’t prevent suspension, it can help in developing a stronger overall defense strategy.
Criminal Court Convictions and License Suspension
Separate from the ALR process, a conviction in criminal court after a DWI arrest can also result in a driver’s license suspension. This suspension is ordered by the judge as part of sentencing.
Suspensions from a conviction often involve:
Length based on prior offenses – Repeat offenders face longer suspensions.
Additional penalties for minors – Drivers under 21 can face suspension even with a BAC under 0.08%.
Overlap or extension of ALR suspension – Court-ordered suspensions may run at the same time or extend an administrative suspension.
This means a driver could face two separate suspension periods—one administrative, one criminal.
Occupational Licenses During Suspension
For many drivers, losing a license after a DWI arrest creates serious hardships. Texas law allows for an occupational license, which provides limited driving privileges for work, school, and essential household needs.
Obtaining an occupational license usually requires:
Court petition – A formal request must be filed in court.
Proof of insurance (SR-22) – Drivers must show they have the required insurance coverage.
Compliance with restrictions – The license may limit hours, routes, or purposes for driving.
An occupational license can make the difference between keeping a job and losing it during a suspension.
Special Circumstances That Lead to Longer Suspensions
Certain situations after a DWI arrest can lead to harsher license suspension terms. These include factors like accidents or multiple prior offenses.
Examples of situations that may lengthen a suspension are:
Accidents with serious injury or death – Cases involving intoxication assault or manslaughter carry longer penalties.
High BAC levels – Very high readings can result in more severe consequences.
Driving with a minor passenger – This can add penalties beyond the standard suspension.
These aggravating circumstances often make it harder to shorten or avoid suspension.
Steps to Take Immediately After a DWI Arrest
Taking the right steps quickly after a DWI arrest can help protect your license and improve your defense options. Acting early allows us to gather evidence, request hearings, and work toward minimizing the consequences.
Important steps include:
Request an ALR hearing right away – This preserves your right to challenge the suspension.
Gather and store all paperwork – Notices from the officer or DPS are critical for meeting deadlines.
Avoid discussing details with anyone but your attorney – Statements can be used against you later.
Every decision in the days following a DWI arrest matters for both your license and your criminal case.
Give Us a Call Today
If you’re facing a license suspension after a DWI arrest in Texas, you don’t have to go through it alone. At McDougal Law Firm, we help clients challenge suspensions, request hearings, and seek occupational licenses when needed. Located in Richmond, Texas, we serve clients throughout Fort Bend County, Wharton County, Colorado County, and other areas west of Houston. Contact our dependable attorneys today.
