Drivers License Penalties For A DWI Arrest

Hi, I’m Bill Mange. I’m board certified in criminal law by the Texas Board of Legal Specialization. I represent people who are accused of driving while intoxicated.

Some people ask me, what are the consequences for their driver’s license with a DWI?

Well, the answer depends on whether you refused or agreed to take a test, how old you are, and what history you have with administrative or conviction suspensions.

I’ll just take you through a few examples.

If you were arrested for the first time, for drunk driving, and you were 21 of age or older, and you refused to give a breath or blood sample, then the suspension period will be 180 days. You will be immediately eligible for an occupational driver’s license.

Let’s take the same scenario, except you didn’t refuse, and your breath or blood sample was .08 or higher. In that case, the suspension will be 90 days.

Now let’s assume that you were arrested for the second time, for drunk driving, and you had your driver’s license suspended on the first arrest, which was 7 years ago. Once again, you were 21 or over, and you refused to give a breath or blood sample. In that case, the suspension period will be 2 years. You will be immediately eligible for an occupational driver’s license. Now, if your conviction had been within five years of your most recent arrest, you would have to wait for 181 days for an occupational license to take effect.

Now let’s assume the same scenario, except that you didn’t refuse, you gave a blood sample or breath sample of .08 or higher. In that case, the driver’s license suspension would be 1 year and there will be no waiting for an occupational license.

Related Article: Texas DWI License Suspension