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!
PAROLE
Texas Parole Eligibility Hearing
What is the difference between probation and parole?
Probation and parole are similar in that they are both alternatives to incarceration.
​
Probation is a sentencing option instead of going to prison. The person is supervised by a probation officer.
​
Parole is an early release from prison for offenders who still have time remaining on their sentences. A person on parole is still in the legal custody of the state and is supervised by a state parole officer.
​
How soon is a person eligible for TDCJ parole?
A person’s parole eligibility depends on several factors such as when the offense occurred or if it was a violent offense. Most offenders are eligible when their calendar time served, plus their good conduct time, equals 25% of their original sentence.
​
Does an offender benefit from having an attorney when seeking parole?
Yes, most offenders never get an in-person interview with members of the Parole Board.
Having an attorney to advocate on behalf of the offender can be a real advantage.
​
How soon can a parole attorney begin preparing for a parole hearing?
The parole attorney will need to file paperwork with the Board, to interview the offender, and to submit a parole presentation package.
​
How is the parole process handled and who determines whether an offender is granted parole?
Texas prisons are assigned regionally to one of seven offices across the state. When an offender is eligible to be considered for parole, his or her file will be submitted to the office where a voting panel will review the file and vote on whether to grant parole. The voting panel consists of two commissioners and a member of the Texas Department of Criminal Justice Parole Division. An offender needs two yes votes to be granted parole.
Parole Review Timeline
The parole review process begins approximately six months before an inmate becomes parole-eligible for the first time under Texas parole law and four months prior to eligibility for all others. The process is as follows:
​
-
NOTICE - The Texas Department of Criminal Justice identifies offenders who are nearing parole eligibility and sends notice to them, trial officials, and any victims if there are any.
-
INITIAL INTERVIEW - An Institutional Parole Officer conducts an interview with the inmate at the prison, reviews his or her file, and prepares a case summary for the Parole Board.
-
TDCJ PAROLE BOARD REVIEW – A Lead Voter is supposed to review the inmate's file and case summary.
-
TDCJ PAROLE BOARD INTERVIEW - Interviews do not take place in most of the cases handled by the Parole Board. The Board has discretion to grant or deny requests for an interview with the inmate, inmate's family, or other parties supporting or opposing parole. Crime victims, however, are entitled to an interview with the panel if they so desire. The Board's policy is to grant an interview request of an attorney who represents an inmate and has timely filed the necessary paperwork.
-
TDCJ PAROLE BOARD DECISION - Once the panel has reviewed the file and has conducted interviews, the vote takes place with agreement by two of the three members required to grant parole.
Possible Outcomes
Approval Votes
​
-
FI-1: Release offender on parole supervision as soon as eligible.
-
FI-2: Release on parole on a specified future date.
-
FI-3R: Transfer to TDCJ rehabilitation program
-
FI-4R: Transfer to a Sex Offender Education Program (SOEP)
-
FI-5: Transfer to an In-Prison Therapeutic Community Program (IPTC)
-
FI-6: Transfer to a DWO rehabilitation program.
-
FI-6R: Transfer to a rehabilitation program, such as the Pre-Release Therapeutic Community (PRTC) or Pre-Release Substance Abuse Program (PRSAP).
-
FI-7R: Transfer to Serious and Violent Offender Reentry Initiative (SVORI).
-
FI-9R: Transfer to the Sex Offender Treatment Program (SOTP-9).
-
FI-18R: Transfer to the Sex Offender Treatment Program (SOTP-18) in the Inner Change Freedom Intiative (IFI).
-
CU-FI: Designates the date an offender serving consecutive sentences would have been eligible for parole if single sentence.
-
RMS: Release to mandatory supervision
​
Denial Votes
​
-
NR (Next Review): The set off can be for a period of up to 5 years. Most set offs are for 1 year, but longer set offs for more serious cases.
-
SA (Serve All): This is a denial of parole with no regular subsequent review, which will require the offender to complete the sentence or be considered for discretionary mandatory supervision, if eligible.