DUI / drivers license suspension

When you arrested in Texas for DWI for the 1st time, your license can be suspended for 90 days (if you fail a breath or blood test) or 180 days (if you refuse to provide a breath or blood sample). If you request a hearing within 15 days of your arrest, an administrative judge must decide if there was probable cause/reasonable suspicion to stop or come into contact with you, if there was probable cause to arrest you, and whether you provided a sample over the limit or refused to provide one. If you don't request that hearing, then 40 days from the date of arrest, your license is suspended for either 90 or 180 days (again, depending on whether you failed the test or refused to take it). These administrative penalties increase if you have previously been arrested for DWI in Texas.

But your criminal case can carry another suspension if you are convicted. If you are convicted for a DWI-1st, then your suspension can be from 90 days to 1 year from the date of your conviction. The judge has the authority to give you credit for the administrative suspension on your criminal case suspension, but he or she has to specifically order that.

I would encourage you to speak with the lawyer that put you on probation to clarify what exactly happened in your case. That lawyer can also advise you on whether or not you are eligible for an occupational driver's license which, depending on the judge, can allow you to drive from between 4 up to 12 hours per day to go to and from work, to and from probation/counseling/community service, and to perform "essential household duties". There are fees and costs of filing, but it may be necessary so you can keep your job. Good luck.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

The first thing that people need to be aware of when they are arrested and charged with Driving While Intoxicated in Texas is that they really have two cases pending against them, one is the actual DWI charge, and the other is a case with DPS relating to your drivers license.

When you are arrested and charged with DWI in Texas, DPS is going to try to suspend your drivers license. On a first offense, the suspension period will be for 6 months if someone refuses to take a breath test, and 3 months if someone fails a breath test. You can fight this suspension. If you request what is called an Administrative License Revocation hearing within 15 days, the drivers license suspension is put on hold until DPS “proves” their case at the hearing and the Administrative Judge issues a ruling. If you win this hearing, then there will be no drivers license suspension for refusing or failing the breath test.

You do not have to get a lawyer to request this ALR hearing. At the bottom of your paperwork that you get from the kind folks at the police station after you are arrested, there is some fine print explaining how you can request an ALR hearing. This can be done over the phone or you can fax the request. Just remember that you only have 15 days from the date of arrest to request this hearing, or DPS will suspend your license automatically 40 days after you are arrested.

You should also know that the drivers license suspension periods and requirements change if this is not your first DWI.

If someone is charged with DWI for the first time in Texas, it is considered a Class B misdemeanor punishable by up to 6 months in jail and a $2,000 fine. If convicted, there is also a possible drivers license suspension as a result of the conviction that can last up to a year. This drivers license suspension is distinct and separate from a suspension resulting from the DPS case mentioned above. DPS will also charge you a surcharge on your drivers license for three years. This surcharge can range from $1,000 to $2,000 each year for a total of $3,000 to $6,000.

If your license has been suspended as a result of the criminal DWI case, you should talk to your attorney about trying to get you an occupational license.