
DRIVERS LICENSE
Reasons Why Your Drivers License can be Suspended in the State of Texas
Alcohol Related Suspensions
DRIVERS LICENSE
Reasons Why Your Drivers License can be Suspended in the State of Texas
Alcohol Related Suspensions
Why is my license suspended?
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1) A blood or breath test refusal or failure. If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years. If the driver holds a Commercial Driver License, a breath test refusal or failure will result in an automatic one year disqualification. Texas Transportation Code Chapter 524, Texas Transportation Code Chapter 724, 37 Texas Administrative Code 17.7.
Reinstatement requirements
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A reinstatement fee will be required prior to the renewal/issuance of a driver license.
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2) A conviction for driving while intoxicated (DWI). The license suspension period varies by court order not to exceed two years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year. Texas Transportation Code 521.344.
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NOTE: It is possible to receive a suspension for a DWI conviction AND a suspension for a blood/breath test refusal/failure arising from the same arrest.
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Reinstatement requirements
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A reinstatement fee will be required prior to the renewal/issuance of a driver license.
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Obtain proof of insurance (form SR-22) from your insurance company and submit to the Texas Dept. of Public Safety (DPS). The SR-22 is required for two years from date of conviction.
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If a Repeat Offender's DWI education program has been required by the convicting court, certificate of completion must be forwarded to DPS prior to the expiration of the suspension to prevent an additional revocation period.
3) Alcohol related offenses by a Minor. Persons under 21 years of age who are convicted of the following offenses will receive a 30 day license suspension for the first offense, 60 days for a second offense, and 180 days for a third offense. Alcohol Beverage Code 106.071.
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Purchase of alcohol by a minor
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Attempt to purchase alcohol by a minor
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Consumption of alcohol by a minor
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Possession of alcohol by a minor
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Misrepresentation of age by a minor
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Public Intoxication by a minor
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There are no reinstatement requirements for these alcohol related suspensions.
Why is my license suspended?
​
1) A blood or breath test refusal or failure. If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years. If the driver holds a Commercial Driver License, a breath test refusal or failure will result in an automatic one year disqualification. Texas Transportation Code Chapter 524, Texas Transportation Code Chapter 724, 37 Texas Administrative Code 17.7.
Reinstatement requirements
-
A reinstatement fee will be required prior to the renewal/issuance of a driver license.
​
2) A conviction for driving while intoxicated (DWI). The license suspension period varies by court order not to exceed two years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year. Texas Transportation Code 521.344.
​
NOTE: It is possible to receive a suspension for a DWI conviction AND a suspension for a blood/breath test refusal/failure arising from the same arrest.
​
Reinstatement requirements
​
-
A reinstatement fee will be required prior to the renewal/issuance of a driver license.
-
Obtain proof of insurance (form SR-22) from your insurance company and submit to the Texas Dept. of Public Safety (DPS). The SR-22 is required for two years from date of conviction.
-
If a Repeat Offender's DWI education program has been required by the convicting court, certificate of completion must be forwarded to DPS prior to the expiration of the suspension to prevent an additional revocation period.
3) Alcohol related offenses by a Minor. Persons under 21 years of age who are convicted of the following offenses will receive a 30 day license suspension for the first offense, 60 days for a second offense, and 180 days for a third offense. Alcohol Beverage Code 106.071.
​
-
Purchase of alcohol by a minor
-
Attempt to purchase alcohol by a minor
-
Consumption of alcohol by a minor
-
Possession of alcohol by a minor
-
Misrepresentation of age by a minor
-
Public Intoxication by a minor
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There are no reinstatement requirements for these alcohol related suspensions.
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DWI
IF YOU HAVE BEEN ARRESTED FOR A DWI YOU HAVE 15 DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING TO SAVE YOUR LICENSE.
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Administrative License Revocation:
To preserve your right to drive in Texas, you must request a hearing within 15 days of when you were served with a Notice of Suspension (usually the date of arrest). If you timely request a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you cannot drive after the hearing. Crucial defenses can be developed at the hearing. If your license is suspended at the hearing, you may be able to secure an occupational license to drive.
Penalties and Fees for Driving While Intoxicated
DWI with a child passenger
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State Jail Felony offense
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180 days – 24 months in a state jail facility
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Up to a $10,000 fine
DWI 3rd offense or more
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3rd Degree Felony
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2 – 10 years Texas Department of Criminal Justice
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Up to a $10,000 fine
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Driver’s License Suspension up to 180 days to 2 years
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Annual fee of $1,000, $1500, or $2,000 for 3 years to maintain driver’s license
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If you have a prior DWI or a BAC of .15 or greater, you will be required to install an interlock ignition device and requires you to breathe into it to your detect blood alcohol concentration (BAC); if the device detects your BAC levels to be above the programmed limit, your car will not start.
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Undecided about hiring DWI Lawyer for your case in Texas?
If you are undecided about fighting your DWI case, I have found that people have a misconception about the cost of their DWI. Pleading guilty is usually not going to save you money over the cost of hiring an attorney to fight the charge. There are numerous costs associated with a DWI charge. These costs could easily total $5000 or more for just pleading guilty. This cost does not even include attorney fees. Costs associated with a DWI conviction:
1. $100-$200 towing fee to get your car out of impound
2. Community service work hours while on probation
3. Probation fees of at least $50 per month while on probation
4. $125 license reinstatement fee
5. Fee for taking alcohol education classes
6. $1000-$2000 DWI surcharge per year for 3 years
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Scientific Reasons to fight your DWI Case
1. The breathalyzer machine assumes that everyone has the same metabolism, the same blood breath partition ratio and breath temperature. The machine is based on human averages. It is not based on a person's specific metabolism and breath temperature.
2. Texas DWI Law does not allow any way to retest samples given by you.
3. The breathalyzer machine software is not available for scientific peer review. This means no one outside of the company or law enforcement can test it for accuracy.
4. There are many things which have been shown to affect a breath test score.
5. Texas does not allow for non-law enforcement or government personnel to become certified as breath test technical operators.
6. Much of the Texas breath program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.
Driving while intoxicated (DWI) means drunk driving and Texas will use your breath/blood alcohol concentration (BAC) to determine whether you are intoxicated.
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The Texas BAC limits are:
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21 years old or older: 0.08%
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Commercial drivers: 0.04%
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Younger than 21 years old: Any detectable amount for a DUI.
DWI – 1st offense
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Class B Misdemeanor
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3-180 days in jail
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Up to a $2000 fine
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Driver’s License Suspension up to 90 days to 1 year
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Annual fee of $1,000 to $2,000 for 3 years to maintain driver’s license
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DWI – 1st offense with an Open Container
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Class B Misdemeanor
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6-180 days in jail
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Up to a $2000 fine
DWI – 1st offense with a BAC .15 or higher

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Class A Misdemeanor
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3-365 days in jail and up to a $4,000 fine
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Driver’s License Suspension up to 180 days to 2 years
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Annual fee of $1,000, $1500, or $2,000 for 3 years to maintain driver’s license