What Happens to Your License After a DWI Arrest in Texas?
A DWI arrest in Texas sets two separate legal processes in motion at the same time — the criminal case, and an administrative action against your driver’s license. Most people focus on the criminal side, but the license suspension can happen faster, and missing one deadline can cost you your driving privileges before your case ever goes to trial. Here’s what you need to know.
Two Separate Processes: Criminal vs. Administrative
When you are arrested for a DWI in Texas, the Department of Public Safety (DPS) automatically begins a civil administrative proceeding against your driver’s license. This is entirely separate from the criminal DWI charge in court. The criminal case is handled by the district or county attorney. The license action is handled by DPS under the Texas Transportation Code.
The two cases run on different timelines, follow different rules, and can result in different outcomes. You can win the criminal case and still lose your license administratively. Understanding both is essential.
The Automatic License Suspension
Under Texas’ implied consent law (Transportation Code §724.011), any person who operates a motor vehicle on a Texas public road is deemed to have consented to a chemical test if lawfully arrested for DWI. Two situations trigger an automatic license suspension:
- You fail the chemical test — BAC of 0.08% or higher (or 0.04% for commercial drivers, 0.00% for under-21 drivers).
- You refuse the chemical test — refusing triggers a longer automatic suspension than failing.
At the time of arrest, the officer confiscates your physical driver’s license and issues a temporary driving permit. That temporary permit is valid for 40 days from the date of arrest, after which the suspension takes effect automatically if no action is taken.
The 15-Day Window — The Most Important Deadline in a Texas DWI
CRITICAL: You have 15 days from the date of arrest to request an ALR hearing. If you miss this deadline, your license is automatically suspended on day 40 — with no hearing, no appeal, and no exceptions.
The Administrative License Revocation (ALR) program gives drivers the right to contest the suspension but only if they request a hearing within 15 days of arrest. The hearing is conducted by the State Office of Administrative Hearings (SOAH), not by a criminal court.
To request an ALR hearing, call the DPS Driver Improvement & Compliance Service at
1-800-394-9913 or submit a written request. The request must include your name, date of birth, driver’s license number, and the date of arrest.
Suspension Lengths: Failed Test vs. Refusal
| Situation | First Offense | Repeat Offense | Under 21 (any) |
|---|---|---|---|
| Failed chemical test (BAC 0.08%+) | 90 days | 1 year | 1 year |
| Refused chemical test | 180 days | 2 years | 1 year |
What Happens at the ALR Hearing?
The ALR hearing is an administrative proceeding, not a criminal trial. DPS must prove two things: (1) that the officer had reasonable suspicion to stop you, and (2) that you either failed or refused the chemical test. Your attorney can cross-examine the arresting officer and challenge the evidence.
If DPS cannot meet its burden of proof, the suspension is dismissed. If DPS prevails, the suspension takes effect. The outcome of the ALR hearing does not affect your criminal DWI case and vice versa.
The Occupational Driver’s License
If your license is suspended, you may be eligible for an Occupational Driver’s License (ODL) — a restricted license that allows you to drive to work, school, or essential household duties. To apply, you must obtain a court order from a Texas district or county court, prove you have an SR-22 insurance policy, and pay a reinstatement fee. An ODL does not restore full driving privileges, but it allows limited driving during the suspension period.
The Criminal Case and Your License
If you are convicted of DWI in the criminal case, Texas DPS imposes a separate license surcharge through the Driver Responsibility Program of up to $2,000 per year for three years, in addition to any administrative suspension. A criminal conviction can also result in a longer suspension ordered by the court as part of sentencing. This is why the ALR hearing and the criminal defense are both important, they affect your license through different mechanisms.
Need Help After a DWI Arrest in Fort Worth?
Getting out of jail quickly gives you the time you need to act on the 15-day ALR deadline and build your defense. For information on the bail bond process after a DWI arrest, visit our DWI bail bonds in Fort Worth, TX page, or call (817) 834-6285 now, we’re available 24/7.
