How Long Is a License Suspended for a DWI in Texas? Penalties, ALR Deadlines, and Houston Driving Options

For most adults, a first Texas DWI triggers a civil license suspension of 90 days if you failed a breath or blood test, or 180 days if you refused testing. If you are convicted, the criminal court can add a separate suspension that typically ranges from 90 days to 1 year for a first offense, with longer ranges for repeat offenses. You have only 15 days from the date you were served notice to challenge the civil suspension, and if you do not act, the suspension usually starts on the 40th day after notice.

If you are reading this after a Houston arrest, you likely want to keep driving to work and avoid a snowball of costs. This guide answers how long suspensions last, when they start, and what you can do next. We keep the language plain and focused on real timelines and choices.

Quick answer and timeline: what happens after a Houston DWI arrest

You are the Provider Under Pressure. Your job and family rely on your ability to drive. Here is the simple timeline most drivers face in Harris County after a DWI arrest, with the key deadline front and center.

• Day 0: Arrest, release, and usually a Notice of Suspension if you refused or failed a test. Your physical license may be taken and replaced with a temporary permit.
• Days 1–15: Deadline to act. You have 15 days to request a hearing to stop the automatic civil suspension. See Request an ALR hearing (DPS online portal) for the state’s filing portal. For a practical walkthrough, here is how to request an ALR hearing and important deadlines.
• Day 40 if no request: Your license suspension usually begins on the 40th day after you received the Notice of Suspension. Driving on a suspended license can add charges and more time off the road.
• 60–120 days after request: Most ALR hearings in Texas are scheduled within a few months. If you made a timely request, you can generally keep driving while you wait, subject to any bond conditions like an ignition interlock set by the court.
• After the hearing: If you win, the civil suspension is denied or lifted. If you lose, DPS sets the suspension length within the Texas ranges below.
• Criminal case track: Separate from ALR, the criminal court process moves forward. If there is a conviction, the judge can impose a criminal suspension that may run at the same time as the ALR suspension, or overlap depending on timing.

Want a deeper walk-through that sticks to dates and lengths? See this Butler-owned blog resource on the detailed timeline for ALR hearings and suspensions.

Suspension lengths and penalties at a glance

Many readers ask for one clear list of suspension ranges, fines, and add-ons. Use this as a starting point, then confirm how it applies to you. For a broader overview that you can reference while you compare options, see this summary of Texas DWI penalties, fines, and suspension ranges.

Administrative license suspensions under the ALR program

• Test failure for drivers 21 and older: 90 days for a first occurrence, up to 1 year if you have a prior alcohol or drug contact on your driving record within 10 years.
• Test refusal for drivers 21 and older: 180 days for a first occurrence, up to 2 years with a qualifying prior within 10 years.
• Under 21: Shorter ranges often apply for administrative actions, but other penalties can still be severe. Minors should get specific legal guidance because rules shift based on age and test results.

These ALR suspensions are civil and separate from the criminal case. You can request the hearing online and learn more about the process in the official DPS resources: the filing portal above and the state’s Overview of Texas ALR program, timelines, and rules.

Criminal conviction suspensions

• First DWI conviction: 90 days to 1 year. If your BAC is alleged at 0.15 or higher, the charge is enhanced to a Class A misdemeanor that increases maximum fines and can impact interlock conditions, but the license range still generally falls within these boundaries.
• Second DWI conviction: 180 days to 2 years.
• Third or more: Often charged as a felony with potential 2 year license suspension and other serious penalties.
• Injury cases: Intoxication assault or manslaughter raises the stakes, including lengthy license consequences.

Courts can allow credit if suspensions overlap, but the details are highly timing dependent. Ask a qualified Texas DWI lawyer how your dates line up before you make decisions about work and travel.

Commercial drivers

• CDL disqualification follows stricter federal and state rules. Even an ALR finding can sideline a CDL, often for a year, and a second disqualification can be for life with possible reinstatement rules.
• Personal vehicle cases still affect CDL holders. If you drive for a living in or around Houston, address the ALR deadline immediately to preserve any chance of continued employment.

Can you drive after a DWI in Houston?

Usually, yes, for a limited time. If you were handed a temporary permit, you can drive until the 40th day unless you timely requested an ALR hearing. If you requested a hearing within 15 days, you can typically keep driving while you wait for the hearing date, subject to any bond rules in your case.

If your license is suspended, many drivers qualify for an Occupational Driver’s License known as an ODL, which allows limited driving for work, school, and essential household duties. Courts often require proof of SR-22 insurance and may set conditions like specific driving hours or an ignition interlock. For practical effects on paychecks, benefits, and premiums, see how these issues play out in Houston in this explainer on how suspensions affect work, insurance, and records.

Texas DWI fines and court fees explained

Sticker shock is common. The fine printed on your ticket is not the full picture. Here are typical money pieces that show up in Harris County and surrounding courts.

• Criminal fines: Up to $2,000 for a first DWI, up to $4,000 for a second, and up to $10,000 for a felony-level DWI.
• State traffic fines added at conviction: $3,000 for a first DWI, $4,500 for a second within 36 months, or $6,000 if BAC is 0.15 or higher. These are in addition to the court fine.
• Court costs: Often several hundred dollars, depending on the court.
• Probation supervision fees: Commonly charged monthly during community supervision.
• Education or treatment: DWI education, victim impact panel, and any recommended counseling carry their own fees.
• Ignition interlock: Installation and monthly service charges apply. Budget for ongoing calibration visits.
• SR-22 and reinstatement: You must maintain SR-22 proof of financial responsibility during any period required by DPS. Reinstatement carries additional fees.

Plan for both driving privileges and budget. The faster you understand your timeline, the better you can protect your job and minimize avoidable costs.

Ignition interlock device laws for Texas DWIs

Many Houston drivers see interlock conditions from day one as a bond requirement. Courts can also order interlock as a condition of probation. If your BAC was alleged at 0.15 or higher, Texas law often pushes toward interlock during community supervision, and repeat offenses make it more likely. If you obtain an ODL, a judge can require interlock as a condition of that limited license.

Interlock is basically a breath tester wired to your car’s ignition with periodic rolling retests. Violations or tampering can lead to bond revocation, probation issues, or new charges. Treat it like a nonnegotiable rule while it is on the vehicle.

Texas ALR hearing: how to save your license after a DWI

Think of ALR as your most urgent deadline. It is separate from your criminal case, but the outcome directly affects your ability to drive to work.

Immediate checklist for the next 72 hours

• Mark the 15 day deadline on your calendar starting from the date you received the Notice of Suspension, usually your arrest date or the date you got a failure or refusal notice.
• Submit the request online through the state portal: Request an ALR hearing (DPS online portal).
• Review a simple step by step overview of how to request an ALR hearing and important deadlines so you do not miss anything.
• Gather documents: temporary permit, bond paperwork, tow receipt, and any testing paperwork. Keep them in one folder you can grab for every court date.

Some drivers feel the ALR hearing is only about suspensions. It is also a chance to lock down police records, video, and testimony that may matter later in your criminal case. If you win ALR, you protect your license. If you lose, you still gain discovery you can use.

What happens at the ALR hearing

• A DPS lawyer tries to prove two basic points: reasonable suspicion or probable cause for the stop and that you refused or failed a test under the applicable rules.
• The hearing can be in person or by phone or video. Officers may appear by phone or affidavit depending on the issues.
• The judge issues a decision. If DPS wins, the suspension length depends on whether it was a refusal or a failure and on any priors.

Winning ALR does not end your criminal case, and losing ALR does not mean you will be convicted. They are different tracks with different rules.

For the SecondaryPersonas

Analytical Planner: You want timelines, odds, and tactics. See the technical notes below for how attorneys leverage ALR to obtain discovery, suppress bad stops, and cross check blood or breath machine maintenance. You can map your deadlines in a simple spreadsheet and set reminders for each appearance.

Status Protector: Discretion matters to you. Most court appearances can be handled without drawing attention at work if you plan ahead. Ask about communication protocols that keep details private and about high-touch options for scheduling and document delivery.

Career Guardian (nurse/professional): Licensure and HR questions deserve early attention. Know whether your board or employer requires self-reporting and how an ALR suspension could affect your ability to drive to shifts or clinical sites. A tailored plan can help you keep working while you handle the case.

Prepared Executive: You expect speed and clarity. Focus first on the ALR request, then on a discovery plan that sets hard deadlines for body cam, toxicology, and dash video. Ask for concise updates tied to the calendar so you always know the next action.

Technical sidebar for the Analytical Planner: evidence and strategy

• Dash and body camera timestamps: Compare the stop time, the standardized field sobriety test duration, and the time of implied consent warnings. Shortcuts here can be pivotal.
• Breath testing: Examine maintenance logs, operator certifications, and whether the observation period was uninterrupted. Small breaks caused by distractions can matter.
• Blood testing: Chain of custody, preservative ratios, and lab uncertainty data are all discoverable. ALR subpoenas sometimes surface records that are slower to arrive in the criminal case.
• Stop justification: Weave dispatch notes and 911 audio with video. A lane drift or brake tap captured late may not match the stated cause of the stop.
• Timeline leverage: Use the ALR setting to force early testimony. Inconsistencies can be preserved for later impeachment.

Odds depend on facts, video quality, and officer testimony. Treat the ALR hearing as both a license lifeline and a discovery engine.

A common misconception to avoid

Myth: If my criminal case is dismissed or reduced, the ALR suspension will be erased automatically. Reality: The ALR process is civil and runs on its own timeline. A criminal dismissal does not automatically unwind a prior ALR suspension. You may qualify for reinstatement or an ODL, but you need a specific court order or DPS clearance to change your license status.

A short, real-world micro story

Marcus, a Houston project foreman, was stopped after a late shift. He failed the breath test at the station and left with a temporary permit and a court date. He almost ignored the ALR letter because he thought court would handle everything. On Day 12 he requested the hearing, kept driving while waiting, and his lawyer later won the ALR on a timing issue in the observation period. Even though his criminal case took months to resolve, Marcus stayed on the job because he met the 15 day window.

What happens if you get a DWI while on probation?

If you are already on probation for any offense, a new DWI can trigger two separate tracks. First, the new arrest becomes its own case. Second, probation officers may file a motion to revoke or adjudicate in the older case. Courts can add bond conditions like interlock, alcohol monitoring, and travel limits. A violation finding in the older case does not require the same burden of proof as a new criminal conviction. Talk with a qualified Texas DWI lawyer about coordinating court dates and conditions so you do not accidentally violate one while handling the other.

Work and family realities for Houston drivers

You may be juggling child drop offs, a construction yard start time, or a medical shift. Judges and DPS are not considering your schedule by default. You must secure the right to drive by meeting the ALR deadline, asking for an ODL if needed, and complying with interlock or other conditions. Planning early means you choose legal routes to keep your life moving rather than risking a new charge for driving while suspended.

How dismissal, reduction, or deferral affects your record

Texas treats a DWI conviction as permanent on your public record. Certain first time DWIs may qualify for an order of nondisclosure after a waiting period if you complete all conditions and meet the statute’s criteria. Nondisclosure seals the case from most public background checks but remains visible to law enforcement and some licensing boards. If your case is dismissed, you may be able to seek an expunction that deletes the arrest record. These are separate civil processes with their own rules and timelines.

Frequently asked questions about how long a license is suspended for a DWI in Texas

How long does a DWI stay on my record in Texas?

A DWI conviction is generally permanent on your public criminal record. Some first time cases can be sealed by an order of nondisclosure after a waiting period if you meet strict criteria. Dismissed cases may be eligible for expunction, which deletes the arrest record. Record remedies do not automatically change past ALR suspensions.

When does my Texas license suspension actually start after a DWI?

If you do not request an ALR hearing within 15 days, the civil suspension usually begins on the 40th day after you received notice. If you request the hearing on time, you typically keep driving until the judge issues a decision. If you are convicted, the court sets the criminal suspension start date and it may overlap with any ALR time depending on scheduling.

Can I keep driving in Houston while waiting for my ALR hearing?

In most cases, yes. A timely ALR request pauses the automatic suspension while the hearing is pending. You still must follow any bond conditions, which can include an ignition interlock and no alcohol use. Keep your temporary permit and paperwork with you until DPS updates your status.

What are the usual Texas DWI fines and fees?

Expect a court fine up to $2,000 on a first DWI, plus state traffic fines of $3,000 for a first, $4,500 for a second within 36 months, or $6,000 if BAC is 0.15 or higher. Add court costs, probation fees, classes, and any ignition interlock costs. SR-22 and DPS reinstatement fees are separate.

Do I need an ignition interlock device after a first DWI?

It depends on your facts and the judge’s orders. Courts often require interlock as a bond condition or during probation, especially with BAC at 0.15 or higher or with prior DWIs. If you obtain an occupational license, the judge can require interlock as part of that limited driving privilege.

Why acting early matters

Your most important window is the first two weeks. Missing the ALR deadline can cost months off the road and raise the chance of losing your job or missing family obligations. Acting early lets you preserve your license, plan for an ODL if needed, and start building the evidence picture that could change outcomes later. This is not about panic, it is about a simple calendar and steady steps.

Want a quick, plain language walk-through from a Houston DWI attorney about the exact steps to protect your license and meet the 15 day ALR deadline? Watch this 2 to 3 minute guide below.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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