Texas suspends your license automatically after a DWI arrest, even before conviction
When you are arrested for driving while intoxicated in Texas, the Texas Department of Public Safety (DPS) suspends your license on the spot — not because you were convicted, but because of the arrest itself. This is called an Administrative License Suspension (ALS), and it happens separately from any criminal case. You have only 15 days from the date of arrest to request a hearing to challenge the suspension, or it becomes permanent for the length of the suspension period.
The suspension length depends on whether you refused a breath or blood test and whether you have prior DWI convictions. A first offense with a failed test results in a 120-day suspension. If you refused the test, the suspension is 180 days. If you have a prior DWI conviction within the past 10 years, the suspension periods are longer — 180 days for a failed test and two years for a refusal.
This suspension happens regardless of the outcome of your criminal case. You could be found not guilty in court and still have served the suspension period, or you could be convicted and face additional penalties on top of it.
Key Takeaways
- Texas suspends your license automatically after a DWI arrest through an Administrative License Suspension, separate from any criminal conviction.
- You have 15 days from arrest to request a hearing to contest the suspension, or the suspension takes effect automatically.
- First-time suspension is 120 days for a failed test or 180 days for a refusal; prior convictions double these periods.
- You can request an occupational license (also called a hardship license) that allows limited driving for work, school, or medical needs during the suspension period.
- The suspension is tied to your arrest record, not your conviction, so even acquittal does not erase the suspension that already occurred.
The 15-day window to request a hearing
The moment you are arrested for DWI, the clock starts. You have 15 calendar days from the arrest date to request a hearing from the Texas Department of Public Safety to challenge the suspension. This request must be made in writing, and many people miss this important date because they do not realize it exists or do not understand how urgent it is.
If you do not request a hearing within 15 days, your license suspension becomes final. You cannot undo it later. The hearing itself may not happen for weeks or months, but requesting it within the 15-day window stops the automatic suspension from taking effect while your case is pending.
You can request the hearing yourself by contacting your local DPS office or by mail, but many people work with a DWI attorney to file the request because the process has specific requirements and the important date is absolute. Your attorney can also may support the paperwork is filed correctly and on time, which protects your right to challenge the suspension.
What happens at the ALS hearing
If you request a hearing, a hearing officer (not a judge) will review whether the officer had reasonable grounds to believe you were driving while intoxicated and whether you were properly warned about the consequences of refusing a test. The hearing is not about guilt or innocence in a criminal sense — it is about whether the arrest itself was lawful and whether the suspension should stand.
At the hearing, the officer who arrested you may testify, and you or your attorney can cross-examine them and present evidence. The hearing officer then decides whether to uphold or overturn the suspension. If the suspension is upheld, it takes effect when ready. If it is overturned, your license is returned to you.
The hearing can happen in person, by phone, or by video depending on the DPS office and current procedures. You should ask your local DPS office about the format when you request the hearing. Most hearings take place within 30 to 90 days of your request, though this varies by location and current caseload.
Suspension periods based on test results and prior history
| Situation | Suspension Length |
|---|---|
| First DWI, failed breath or blood test | 120 days |
| First DWI, refused test | 180 days |
| Second DWI within 10 years, failed test | 180 days |
| Second DWI within 10 years, refused test | 2 years |
| Third or more DWI within 10 years, failed test | 180 days |
| Third or more DWI within 10 years, refused test | 2 years |
These suspension periods are mandatory under Texas law. They do not change based on the strength of the case against you or on circumstances. The only way to shorten them is through an occupational license, which allows you to drive for specific purposes during the suspension.
The suspension clock starts on the date of your arrest, not the date of your hearing or the date you are convicted. If you request a hearing and win, the suspension is erased and the time already served does not count toward anything. If you lose the hearing, the suspension period continues from the arrest date.
Occupational licenses during suspension
An occupational license (sometimes called a hardship license) lets you drive during your suspension for essential purposes: getting to and from work, attending school or a school-related activity, obtaining medical care, attending a court-ordered DWI education program, or attending a support group meeting related to alcohol or drug use. You cannot use it for any other reason.
You can request an occupational license from a justice court in the county where you were arrested, usually at the same time you request the ALS hearing or after the suspension takes effect. The court will look at whether you have a genuine need to drive and whether you are a risk to public safety. Most people who request an occupational license receive one, though the court has discretion to deny it.
An occupational license does not erase the suspension — it straightforward allows limited driving during it. Once the suspension period ends, your regular license is restored (assuming you have no other suspensions or holds on your record). You will need to pay a fee to the court to obtain the occupational license, which varies by county but is typically between $100 and $200.
How a DWI conviction affects your license beyond the ALS suspension
If you are convicted of DWI in criminal court, you face additional license penalties on top of the Administrative License Suspension. A conviction triggers a separate suspension from the court, which can be longer than the ALS suspension. For a first conviction, the court can suspend your license for up to one year. For a second conviction within 10 years, it can be up to two years. For a third or more, it can be up to two years.
You may also be required to install an ignition interlock device on your vehicle, which prevents the car from starting if it detects alcohol on your breath. This is mandatory for any DWI conviction in Texas, even a first offense, though you can request to skip it in limited circumstances. The device must remain installed for a minimum of six months, though the court can order a longer period.
The court suspension and the ALS suspension run separately. If you are convicted after the ALS suspension has already ended, the court suspension begins when the conviction is entered. If the ALS suspension is still running when you are convicted, the court suspension may run concurrently or consecutively depending on the judge's order.
Reinstating your license after suspension ends
When your suspension period ends, your license does not automatically come back. You must take steps to reinstate it. First, you need to pay a reinstatement fee to the Texas Department of Public Safety, which is currently $100 for an ALS suspension (though fees can change). You also need to provide proof that you have completed any court-ordered requirements, such as a DWI education program or substance abuse treatment.
If you have an occupational license, you can continue using it until your full reinstatement is complete. Once you have paid the fee and submitted the required documentation, DPS will restore your license, and you can drive without restrictions again (unless other suspensions or holds exist on your record).
If you do not reinstate your license and continue to drive after the suspension ends without doing so, you can be charged with driving with a suspended license, which is a separate criminal offense. You can reinstate your license by mail, online through the DPS website, or in person at a DPS office.
Frequently Asked Questions
Can I drive at all during the suspension if I don't get an occupational license?
No. Driving during a suspension without an occupational license is illegal and can result in additional criminal charges. An occupational license is your only legal way to drive during the suspension period, and you must follow its restrictions exactly — driving for any other purpose violates the license and can lead to arrest.
What if I miss the 15-day important date to request a hearing?
The suspension becomes final and you cannot challenge it. You can still request an occupational license from the court, but you cannot overturn the suspension itself. This is why the 15-day window is critical — once it passes, your only option is to serve out the suspension or drive on an occupational license.
Does the ALS suspension go away if I'm found not guilty in criminal court?
No. The ALS suspension is separate from the criminal case. Even if you are acquitted of DWI charges, the suspension you already served (or are serving) remains on your record. The suspension is based on the arrest, not the conviction.
How long does it take to get an occupational license?
It typically takes one to four weeks from the date you request it from the justice court, though it can vary by county. You should request it as soon as possible after your arrest if you know you will need to drive during the suspension period.
Will an ignition interlock device be required if I'm convicted?
Yes, ignition interlock is mandatory for any DWI conviction in Texas, including a first offense. The device must remain installed for a minimum of six months, though the court can order a longer period. You pay for the installation and monthly monitoring yourself, which typically costs $60 to $100 per month.