DWI and Your Driver's License in Texas
Administrative License Revocation (ALR)
Overview
Texas instated the ALR program on January 1,1995. It gives
the Department of Public Safety (DPS) the right
to suspend your driver's license if an officer arrests
you for Driving While Intoxicated (DWI) and you
refuse chemical testing, which includes a breathalyzer,
urine test or blood test. The ALR program mandates
that the arresting officer serves you with a Notice
of Suspension and confiscates your driver's license
at the time of arrest. You must request and win
an ALR hearing to avoid the suspension.
What gives the DPS the right?
The Implied Consent Law states that anyone operating
a motor vehicles on Texas roadways agrees to take
a breathalyzer, blood test, or urine test if suspected
of DWI. If you refuse chemical testing, you violate
the Implied Consent Law.
Notice of Suspension
If a law enforcement officer suspects you are intoxicated,
he or she administers you a field sobriety test, which I recommend that you refuse. However, failing
or refusing this test gives the officer probable
cause to arrest you for DWI. Either at the station
or the arrest site, the officer asks you to submit
to a breathalyzer, blood test, or urine test. Arresting
officers often tell you that if you refuse chemical
testing, he or she can immediately suspend your
driver's license. This statement is not entirely
true; while the officer can confiscate your license
upon refusal or failure of these tests, you receive
a 40-day temporary permit.
Request an ALR hearing
If you don't request an ALR hearing within 15 days
of receiving a Notice of Suspension, the suspension
automatically goes into effect on the 40th day after
receiving the notice. When the suspension period
is over, you must pay a $125 fee to reinstate your
driver's license. If you request an ALR hearing,
the temporary permit remains in effect until a final
decision is made by the judge.
The ALR hearing
What the DPS must prove at the ALR hearing depends
on whether you failed or refused chemical testing.
If you failed the test, the DPS must prove only
that:
- you
had an alcohol concentration of at least
0.08 percent while operating a motor vehicle
in a public place; and
- reasonable
suspicion to stop you or probable cause
to arrest you existed.
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If
you refused chemical testing, the burden of proof
for the DPS broadens to:
- reasonable
suspicion to stop you or probable cause
to arrest you existed;
- probable
cause existed to believe you were operating
a motor vehicle in a public place while
intoxicated;
- officer
requested you submit to chemical testing;
and
- you
refused the chemical test.
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The
DPS must immediately return your confiscated driver's
license at the ALR hearing if the judge believes
there is insufficient evidence to suspend your license.
If the judge deems the DPS met the the burden of
proof, the license suspension goes into effect
immediately. However, you may appeal the decision
by filing a petition within 30 days of the ALR decision.
A properly filed petition extends your temporary
permit for up to 90 days.
Details
of suspension
The length of your suspension depends on if you
refused or submitted to chemical testing and if
you've faced prior DWI, intoxication assault, or
intoxication manslaughter charges. Whether you lost
the ALR hearing or you didn't request one, the periods
of suspension are:
| Prior
Charges |
Test
Refusal |
Test
Failure |
| None |
180
days |
90
days |
| One
or More |
2
years |
1
year |
If you receive a suspension, you must pay a $100
fee to the DPS to reinstate your license when the
suspension ends. You should pay this fee a few months
before the last day of the suspension period to
avoid any delay with the reinstating of your license.
Out-of-state drivers' licenses
The DPS cannot suspend a driver's license issued
by another state, but they can prevent you from
applying for a Texas driver's license during the
period of suspension. However, the DPS can inform
the state that issued your license, and they can
suspend your license.
Occupational License
You
can petition the court for an occupational license,
commonly known as a restricted driver's license,
upon suspension of your driver's license. An occupational
license allows you to drive legally for the purpose
of work, school, or household duties, and it remains
valid until the end of your driver's license suspension.
If granted an occupational license, the court specifies
the details of the following restriction:
- the
hours of the day and the days of the week
which you
may drive;
- the
reasons you may drive; and
- the
counties or roads where you may drive.
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An occupational license usually prevents you from
driving more than four hours in any 24-hour period.
But if you prove it is necessary, the court may
allow you to drive for any period of time not exceeding
12 hours in any 24-hour period.
Driving
in violation of the occupational license conditions
set forth by the court or not physically possessing
the license when you drive, can lead to:
- conviction
of a class B misdemeanor, punishable by
up to 180 days in jail and a $2,000 fine;
and
- automatic
revocation of your occupational license
for the original period of suspension.
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Driver's License Surcharge
As of September 1, 2003, the DPS automatically
charges you an administrative penalty fee if you're
convicted of DWI. You pay this fee, known as
a Driver's License Surcharge, for three years after
your conviction. The surcharge amount depends on
several factors.
| Factor |
Annual
Amount |
Total
Penalty |
| 1st
conviction |
$1,000 |
$3,000 |
| previous
convictions |
$1,500 |
$4,500 |
| BAC
of 0.16 or more |
$2,000 |
$6,000 |
When the DPS is informed of your conviction, you
are notified via first class mail of the surcharge.
You must submit your first year's payment within
30 days. If the notice is delayed or you don't
receive it, call the DPS and make sure you still
have driving privileges. Failure of payment leads
to a $250 penalty and license suspension until all
fees are paid in full.
Commercial Driver's License (CDL) and DWI
Because CDL holders aren't eligible to petition
the court for an occupational license, the suspension
of your CDL often results in the loss of your job.
If you are arrested for DWI and hold a CDL, contact
me immediately, so I can request an ALR hearing
and fight to save your CDL.
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