Can You Keep Your License After a DWI in Texas?

A DWI arrest in Texas sets two separate cases in motion at the same time. One is the criminal DWI case you will eventually face in court. The other is a civil case against your driver’s license, handled by the Texas Department of Public Safety — and it moves on a much faster clock. You have just 15 days after the arrest to act, or your license is suspended automatically. Understanding that deadline is the difference between keeping your license and losing it before your criminal case is ever heard.

Does a DWI arrest automatically suspend your license in Texas?

No — your license is not suspended the moment you are arrested. A DWI arrest starts a separate administrative process called Administrative License Revocation, or ALR, and the suspension only takes effect later — and only if you do not act in time.

When you are arrested for DWI and either fail or refuse a breath or blood test, the officer typically confiscates your physical license and hands you a paper notice called a DIC-25. That notice does two things: it serves as a temporary driving permit good for 40 days, and it tells you the suspension is coming unless you challenge it. The criminal case and the license case proceed on different tracks, with different rules and different deadlines. The license track is the one that demands action first.

What is an ALR hearing, and what is the 15-day deadline?

An ALR hearing is a civil hearing — completely separate from your criminal DWI case — where you can challenge the suspension of your license. You must request it in writing within 15 days of your arrest, or the suspension takes effect automatically.

If you request the hearing within those 15 days, the suspension is put on hold: your license stays valid until an administrative law judge hears the case and issues a decision. If you miss the deadline, there is no hearing and no appeal — the suspension lands on its own around the 40th day after the arrest. ALR hearings are governed by the Texas Transportation Code Chapter 524 (for failed tests) and Chapter 724 (for refusals), and are decided by judges at the State Office of Administrative Hearings, often by video. The burden of proof is lower than in a criminal trial, but the hearing carries a hidden benefit: it is frequently the first chance to obtain the State’s evidence and question the arresting officer under oath.

A Williamson County DWI Dismissed After Winning the ALR Hearing and a Motion to Suppress

In a 2026 Williamson County case, the firm defended a driver charged with a first DWI who faced up to six months in county jail. The defense first won the client’s Administrative License Revocation (ALR) hearing, which kept the license from being suspended, then moved to suppress the evidence on the ground that the traffic stop was an unlawful detention. After the suppression issue was litigated, the State dismissed the DWI charge outright. Represented by Taylor Kacir. Every case is fact-specific.

What happens if you refuse the breath or blood test?

Refusing a breath or blood test triggers a 180-day suspension for a first offense under Texas’s implied-consent law — longer than the suspension for failing a test.

By driving on Texas roads, you are treated under Transportation Code Chapter 724 as having already consented to testing after a lawful DWI arrest. Refusing the test brings a 180-day suspension for a first offense, and a refusal with a prior alcohol-related contact can run two years. Refusing does not always stop the test — an officer can seek a warrant to draw blood, and “no-refusal” periods make that routine. But a refusal also leaves the State with less chemical evidence, which can matter in the criminal case. These are trade-offs worth reviewing with a lawyer, not snap decisions to make at the roadside.

What happens if you fail the breath or blood test?

Failing the test — a BAC of 0.08 or higher — triggers a 90-day suspension for a first offense. The threshold is lower for commercial drivers (0.04) and for drivers under 21 (any detectable alcohol).

A 90-day first-offense suspension is shorter than the 180 days for a refusal, but how long the suspension lasts depends on your prior record, and the failed result becomes evidence in the criminal case. That number is not unchallengeable. The reliability of a breath instrument depends on its maintenance and calibration; blood results depend on a clean chain of custody and proper timing between driving and testing. Those issues can be raised both at the ALR hearing and in the criminal case, and a result that looks final on paper is not always final in practice.

Can you still drive while your license is suspended?

Usually, yes. Even if your license is suspended, you can typically apply for an Occupational Driver’s License — also called an Essential Need License — that lets you drive for work, school, and necessary household duties.

An occupational license is granted through a court petition and is not unlimited; it covers essential purposes and may come with conditions such as an SR-22 insurance filing or an ignition interlock device. But for most people, it is the bridge that keeps them employed and able to run a household while the suspension runs its course. Missing the ALR deadline does not foreclose this option — but it does take away your chance to avoid the suspension in the first place.

How does the ALR hearing affect the criminal DWI case?

The ALR case and the criminal case are separate, and you can win one and lose the other — but the ALR hearing can strengthen your criminal defense. It is often the first opportunity to obtain the State’s evidence and cross-examine the arresting officer under oath.

The questions at an ALR hearing are narrow: whether the officer had a lawful reason to stop you, whether there was probable cause to arrest, and whether you refused or failed the test. Those same questions sit at the heart of many criminal DWI defenses. Sworn testimony and records obtained at the ALR stage can expose weaknesses in the traffic stop or the arrest that carry directly into the criminal case. That is why the two cases are best handled together, by the same defense team, from the start.

What should you do in the first 15 days after a DWI arrest?

Act immediately. The single most important step is to request the ALR hearing in writing within 15 days — and the cleanest way to protect that deadline is to get a DWI lawyer involved right away.

Practical steps in the first two weeks:

• Find the DIC-25 notice the officer gave you and note the date of arrest — that date starts the 15-day clock.
• Request the ALR hearing in writing before the deadline; do not wait for the criminal court date, which will be much later.
• Preserve everything — paperwork, the temporary permit, and any details you remember about the stop.
• Contact a DWI defense lawyer in Austin who can file the hearing request and begin working both cases at once.

The Law Office of David D. White, PLLC has defended Texas DWI cases exclusively since 2004, serving Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. We handle the ALR hearing and the criminal case together, so the deadline is met and nothing falls through the cracks. If you were recently arrested, the clock is already running — the sooner you call, the more we can do.

Facing charges in Coryell County? Our Coryell County criminal defense page covers the local courts and how we handle cases there.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. License-suspension timelines and outcomes depend on the specific facts of your case and your driving history. For advice about your situation, speak with a licensed Texas attorney.

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