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.
​
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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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EXPUNGEMENT
Never Charged
How do I Expunge my Record?
A person arrested is entitled to have all records and files expunged or cleared if the person was never charged with any offense related to the arrest and:
1. the statute of limitations has expired. (The statute of limitations for misdemeanors is 2 years while it varies for felonies.)
2. you were arrested for a Class C misdemeanor and it has been 180 days since the arrest and you have not been charged with a felony arising out of the same transaction;
3. you were arrested for a Class A or B misdemeanor and it has been at least 1 year since the arrest and you have not been charged with a felony arising out of the same transaction;
4. you were arrested for a felony and it has been 3 years since the arrest;
5. the prosecuting attorney certifies that the arrest records and files are not needed for use in any criminal investigation.
Dismissed After Indictment/Information
A person arrested is entitled to have all records and files expunged or cleared if the person has been released, no final conviction, not pending, no probation, unless a Class C misdemeanor, and the case was dismissed or quashed:
1. because you completed a pretrial diversion program under section 76.011 of the Government Code;
2. because you were charged due to mistake, false information, or other similar reason indicating an absence of probable cause;
3. because the indictment or information was void.
Acquitted/Not Guilty
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A person arrested is entitled to have all records and files expunged or cleared if:
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acquitted by the trial court, not convicted of another offense occurring during the criminal episode, and no offense can be charged arising out of the criminal episode.
Convicted then Acquitted
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A district court may expunge all records and files relating to the arrest of a person under Article 55.02 if:
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convicted, then acquitted by the Court of Criminal Appeals or a court of appeals and the period for granting a petition for discretionary review has expired, not convicted of an offense occurring during the criminal episode, and no offense can be charged arising out of the criminal episode.
Prosecutor Recommends Expunction
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A district court may expunge all records and files relating to the arrest of a person under Article 55.02 if:
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the prosecutor recommends expunction.
Pardoned
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A person arrested is entitled to have all records and files expunged or cleared if convicted then:
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Pardoned;
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Granted relief based on actual innocence.
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Need an Expungement Lawyer in Dallas-Fort Worth? Give the Miller Law Firm a call!