Lara Bracamonte Davila

Doing What Is Right For You

Will I lose my driver’s license if I’m arrested for DWI?

On Behalf of | Sep 22, 2022 | DUI

Being arrested for driving while intoxicated is no joke. A DWI arrest can lead to civil and criminal penalties, including the suspension of your driver’s license.

What is the Administrative License Revocation Program?

The Administrative License Revocation Program (ALR) is the civil process in Texas that governs the suspension of your driver’s license after you are arrested for DWI. This includes DWIs based on breath test refusal or a BAC reading above the legal limit. Note that this civil suspension is not related to any criminal suspensions and other penalties.

Civil suspension and BAC

If you submit to a breath test after being pulled over on suspicion of drunk driving, and your BAC is measured at 0.08% or higher, the police will confiscate your driver’s license. You then have 20 days to request a hearing contesting the suspension.

If you refused to submit to a breath test after being pulled over on suspicion of drunk driving, the police will confiscate your driver’s license. You then have 15 days to request a hearing contesting the suspension.

If you fail to request a hearing either for a BAC above the legal limit or a breath test refusal, your suspension will be effective 40 days after being arrested.

How long will my license be suspended?

If, following your hearing, your license is civilly suspended, the length of the suspension depends on whether or not you submitted to a breath test.

If you refused to submit to a breath test, your license will be suspended for 180 days for your first refusal and two years for your second refusal or your second DWI conviction.

If you did perform a breath test, and your BAC was above the legal limit, your license will be suspended for 90 days for a first offense and one year for your second or subsequent DWI conviction.

No one wants to lose their driver’s license. After all, most of us depend on being able to drive to live our normal lives and cannot imagine how we would get by without it. A DWI is serious, but this does not mean your driver’s license should be wrongfully suspended. If you were arrested for DWI, you can seek help to keep your license and avoid other civil and criminal penalties associated with DWI.