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?
​
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
​
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
​
There are no reinstatement requirements for these alcohol related suspensions.
COVID-19 Update
We at the Miller Law Firm care greatly about your health and safety during these unprecedented times. With that in mind, we have decided to substitute all in person meetings for phone calls. Payments can be made over the phone. Contact us for any questions! Stay Safe!
NONDISCLOSURE
Automatic Nondisclosures for First Time Offenders for Some Misdemeanors
Under the new nondisclosure law effective September 1, 2015, a first time misdemeanor offender who commits an offense on or after this date will qualify for an automatic nondisclosure if they meet the all of the following conditions:
-
Receives deferred probation (no conviction) and waits 180 days from date placed on deferred
-
No affirmative finding by judge not to receive automatic nondisclosure
-
No conviction or placed on deferred for another offense while serving the current probation
-
No conviction or placed on deferred for any offense requiring sex registration, murder, capital murder, aggravated kidnapping, trafficking of persons, continuous trafficking of persons, injury to a child, elderly, or disabled person, abandoning or endangering a child, violations and repeated violations of bond in family violence cases, and stalking. (disqualifies you from receiving any nondisclosure in the future for any offense)
-
Not convicted or placed on deferred for kidnapping and unlawful restraint, indecent exposure and unlawful photography, assault, deadly conduct, terroristic threat, bigamy, enticing a child, criminal nonsupport, violation of a protective order, disorderly conduct, harassment, animal cruelty, prostitution, sexting, unlawful carrying of a weapon, prohibited weapons, engaging in organized crime. (disqualifies you from receiving automatic nondisclosure under the new law, but not regular nondisclosure under the new and old law)
Nondisclosure for Regular Probation for First Time Offenders for Some Misdemeanors
Under the new nondisclosure law effective September 1, 2015, a first time misdemeanor offender who commits an offense on or after this date may be eligible for nondisclosure for some misdemeanors if they meet the following conditions:
-
Receives regular probation (conviction) for some misdemeanors. (Cannot get a nondisclosure for these misdemeanors - possession and/or consumption of or selling alcohol to minors, driving while intoxicated, flying while intoxicated, boating while intoxicated, operating an amusement park ride while intoxicated, and any conviction related to enganging in organized crime)
-
Successfully completes probation
-
No waiting period
-
However a 2 year waiting period if you committed kidnapping and unlawful restraint, indecent exposure and unlawful photography, assault, deadly conduct, terroristic threat, bigamy, enticing a child, criminal nonsupport, violation of a protective order, disorderly conduct, harassment, animal cruelty, prostitution, sexting, unlawful carrying of a weapon, prohibited weapons, engaging in organized crime
-
Show best interest of justice (like trying to get a job)
Nondisclosure for Jail Time for Certain Misdemeanors
Under the new nondisclosure law effective September 1, 2015, a first time misdemeanor offender who commits an offense on or after this date may be eligible for nondisclosure for some misdemeanors if they meet the following conditions:
-
Serves jail time for certain misdemeanors. (Cannot get a nondisclosure for these misdemeanors - possession and/or consumption of or selling alcohol to minors, driving while intoxicated, flying while intoxicated, boating while intoxicated, operating an amusement park ride while intoxicated, and any conviction related to enganging in organized crime)
-
2 year waiting period after released from jail
-
Show best interest of justice (like trying to get a job)
Regular Deferred Nondisclosures for misdemeanors before September 1, 2015
A person is eligible for nondisclosure for a misdemeanor if the person meets the following conditions:
-
Completes deferred probation successfully
-
No wait for some misdemeanors
-
2 year waiting period if you committed kidnapping and unlawful restraint, indecent exposure and unlawful photography, assault, deadly conduct, terroristic threat, bigamy, enticing a child, criminal nonsupport, violation of a protective order, disorderly conduct, harassment, animal cruelty, prostitution, sexting, unlawful carrying of a weapon, prohibited weapons, engaging in organized crime
-
Show best interest of justice
Regular Deferred Nondisclosures for felonies before September 1, 2015
A person is eligible for non-disclosure for a felony if the person meets the following conditions:
-
Completes deferred probation successfully
-
5 year waiting period
-
Show the best interest of justice