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?
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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
-
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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OCCUPATIONAL DRIVERS LICENSE
What is an Occupational Driver’s License?
An occupational driver’s license (ODL) is a restricted license that lets you drive at certain times, on specific days, under certain conditions, when you have an “essential need to drive.”
An “essential need” means you need to drive to:
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Do your job
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Get to and from work or school or
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Do essential household duties.
Can anyone get an ODL?
No, you cannot get an ODL if:
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You lost your driving privileges because of a mental or physical disability.
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You lost your driving privileges for failure to pay child support.
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You need it to drive a commercial motor vehicle.
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The judge thinks you do not have an essential need.
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The judge is worried about public safety.
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You have received two ODLs in the past 10 years after a conviction.
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You have a “hard suspension” waiting period due to a prior DWI arrest or conviction.
Was your license suspended for failure to pay a surcharge?
You may qualify for the Texas Department of Public Safety (DPS) Driver Responsibility Indigency Program. Under this program, if you have a very low income and meet other requirements DPS can 1) reduce any surcharge amount you owe and 2) let you keep driving while you make payments on the surcharge amount.
Will the State have a lawyer against me at the hearing?
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Sometimes, if your license is suspended because:
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of a criminal homicide,
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an intoxication offense under Penal Code 49.04-49.08
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you are under 21 and your license is suspended according to Texas Transportation Code 521.342.
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Can I drive after the Judge signs the Order?
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You may use a certified copy of the Order for ODL to drive for 45 days once the order takes effect. Read your Order to learn when it takes effect.
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If you don’t receive your actual ODL from DPS before the 45th day you can’t drive until you either receive the ODL or go back to court to get an Amended Order for ODL that extends the deadline.
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How do I get a Certified Abstract (Type AR) of my driving record?
You may purchase your driving record online, with a credit card and print it out. The online cost is $22. You will need to enter your driver’s license number and license audit number and the last four digits of your social security number at: www.dps.texas.gov/DriverLicense/driverrecords.htm
To get a Certified Abstract by mail, print the DR-1 form called “Request for a Certified Abstract of a Driver Record” from www.dps.texas.gov/DriverLicense/driverrecords.htm
Mail the completed form and a $20 check or money order to Texas DPS. This form does not require the audit number or your social security number.
Waiting Periods
An Order for ODL will take effect as soon as a judge signs it UNLESS one of the following waiting periods applies.
If your license was suspended for refusing or failing a blood or breath test when arrested for DWI or other alcohol or drug-related driving or boating offense, the order for ODL cannot take effect for:
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90 days after your license was suspended — if during the 5 years before your arrest your license was suspended because of an alcohol or drug-related arrest.
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180 days after your license was suspended — if during the 5 years before your arrest your license was suspended because of a DWI, Intoxication Assault, or Manslaughter conviction.
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365 days after your license was suspended — if during the 5 years before your arrest your license was suspended because of a second (or more) DWI, Intoxication Assault, or Manslaughter conviction.