Managing Attorney
One of the most common questions people have after being arrested for DWI in Texas is: “Is my license suspended right away?” The short answer is no—at least not automatically. But unless you act quickly, it may be suspended soon.
In Texas, your driver’s license can be suspended in two main ways after a DWI arrest:
- Through the Administrative License Revocation (ALR) process, triggered by a failed or refused breath or blood test.
- Through a criminal conviction for DWI in court.
Understanding these two processes—and how to protect your license—is essential if you’ve been arrested for DWI in Houston or anywhere else in Texas.
Your License Remains Valid if You Act Fast
If you had a valid Texas driver’s license at the time of your arrest, it will generally remain valid for at least 40 days—but only if you request an ALR hearing within 15 days of your arrest or notice of suspension.
This notice usually comes in the form of a Notice of Suspension Temporary Driving Permit (DIC-25), which is issued if you refused a breath/blood test or if your test result was over the legal limit (0.08). The DIC-25 warns that your license will be suspended 40 days after the date of the notice—unless you request a hearing.
That’s why it’s critical to speak with a Houston DWI attorney immediately after your arrest. A timely hearing request can preserve your license and give your attorney a chance to fight the suspension.
Understanding the ALR Suspension Process
The Administrative License Revocation (ALR) process is a civil proceeding handled by the Texas Department of Public Safety (DPS). It is separate from your criminal case. There are two main scenarios that trigger it:
- Refusing to submit to a breath or blood test
- Providing a specimen that results in a BAC of 0.08 or higher
In both situations, the officer should take your physical license and issue a DIC-25 temporary permit.
If you request an ALR hearing within 15 days, DPS cannot suspend your license until a hearing takes place and a judge orders it—which often takes weeks or months. In some cases, your lawyer may be able to get the suspension thrown out entirely if the officer fails to appear or legal requirements weren’t followed.
If no hearing is requested within the 15-day window, the suspension will automatically begin on the 41st day after notice.
Length of Suspension:
- Refusal to test: 180 days (first offense), up to 2 years (subsequent offenses)
- Test over 0.08: 90 days (first offense), up to 1 year (subsequent offenses)
Criminal Conviction Can Also Lead to Suspension
Even if you win your ALR hearing or avoid suspension initially, a criminal conviction for DWI can still lead to a separate license suspension under the Texas Transportation Code (in general, the ALR is completely separate from the DWI case and one has no effect on the other).
Here’s how:
- First DWI conviction (no prior ALR or conviction-based suspension): 90-day suspension
- Subsequent DWI conviction: Up to 2 years
- Convictions involving accidents with serious injuries (intoxication assault) or death (intoxication manslaughter): Longer suspension periods
Unlike the ALR process, criminal conviction-based suspensions are handled by the court and automatically reported to DPS. That’s one reason why avoiding a conviction or obtaining a reduction is so important.
How to Protect Your License After a DWI Arrest
If you’ve been arrested for DWI in Texas, here are steps you can take to protect your driving privileges:
- Request an ALR hearing within 15 days. Your lawyer can do this on your behalf. This stops the automatic suspension from taking effect.
- Request an occupational license if your license is suspended. If your license does get suspended (either through ALR or court), you may be eligible for an Occupational Driver’s License (ODL). This allows you to drive to work, school, court-ordered programs, or other essential activities.
- Hire a skilled Houston DWI attorney. An experienced attorney can challenge the stop, arrest, or test procedures in both the ALR and criminal proceedings, increasing your chances of avoiding a suspension altogether.
How to Check the Status of Your Driver’s License
If you’re unsure whether your Texas license is currently valid or suspended, you can easily check online through the DPS Driver’s License Eligibility page.
This site allows you to enter your driver’s license number, date of birth, and last four digits of your Social Security number. It will tell you whether your license is eligible, and if not, what steps you need to take to become eligible again.
Common Misunderstandings About License Suspension
- My license is taken away at arrest—so I’m suspended, right?
Not necessarily. The plastic card may be confiscated, but that doesn’t mean your driving privilege is immediately suspended. If you request an ALR hearing in time, you can legally continue to drive with your DIC-25 form until the matter is resolved. - If I wasn’t offered a breath or blood test, can my license still be suspended?
No. The ALR process only applies if you were given the option and either refused or tested over the legal limit. - If I win my ALR hearing, does that mean my license is safe?
Possibly—for now. But a later criminal conviction could still result in a new suspension. - Can I just ignore the ALR hearing?
No. Ignoring it almost guarantees a suspension. This is your best chance to avoid one. - If I have a CDL, are my commercial driving privileges suspended immediately after a DWI arrest?
No. Like a regular license, CDL privileges remain valid as long as a request for an ALR hearing is made within 15 days of receiving the notice of suspension. However, if you miss the deadline or lose the hearing, your CDL can be disqualified for at least one year—even if you weren’t driving a commercial vehicle. CDL holders are not eligible for an occupational license to drive commercial vehicles. That’s why it’s critical to act fast and speak with an experienced DWI attorney if you have a CDL.
Why You Need an Experienced Houston DWI Attorney
Navigating the ALR system and the criminal courts at the same time can be overwhelming, especially with your license and livelihood at risk. An experienced DWI attorney can:
- File your ALR hearing request before the 15-day deadline
- Review the police reports and videos for legal violations
- Cross-examine the arresting officer at the ALR hearing
- Argue for license retention or reinstatement
- Fight the DWI charge in court to avoid a conviction-based suspension
At Ceja Law Firm, we have successfully helped hundreds of clients protect their licenses and resolve their DWI charges favorably. If you’ve been arrested in the Houston area, contact us right away to discuss your options.
Conclusion
Your driver’s license is not automatically suspended just because you’ve been arrested for DWI in Texas. But unless you act quickly, suspension is likely. The key is to request an ALR hearing within 15 days and build a strong defense to both the license revocation and the criminal charge.
And if you’re facing a DWI charge in Houston or anywhere in Harris County, reach out to Ceja Law Firm today. As a Board-Certified criminal defense lawyer, Jose Ceja has the experience to protect your rights and help you keep your license.
