Texas DUI & License Suspension — What Happens

License consequences are often the most immediately disruptive part of a DWI case in Texas. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §Tex. Transp. Code §§ 524.022; §Tex. Transp. Code §§ 724.035.

• First-offense (failed test): Failed test (adult): 90 days with no alcohol-related or drug-related enforcement contact in the 10 years before arrest, one year with one or more such contacts. Refusal: 180 days; 2 years with a prior alcohol/drug enforcement contact within 10 years
• First-offense (refusal): 180-day license suspension; 2 years if prior alcohol-related contact

Texas does offer a form of restricted or limited driving privileges during or after the administrative suspension. An occupational (essential-need) license under Tex. Transp. Code § 521.242 is available during ALR suspension — requires petition to court, SR-22 insurance, and IID installation in many cases.

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

discretionary for first offense as condition of bond or community supervision; mandatory for second and subsequent offenses and for BAC ≥ 0.15. The minimum IID period is not less than 50% of the community supervision period; typically 1 year minimum for second offense. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).