License Suspension Or Revocation

Your driver's license can be suspended or revoked in Texas for a variety of reasons. Often, a driver's license suspension is a complication of another legal case or can lead to additional consequences such as new criminal charges (Driving While License Suspended) or surcharges from Texas DPS. An experienced Texas driver's license attorney can help break this cycle by protecting your license, reducing fines and surcharges, or obtaining an Occupational Driver's License (ODL).

Reasons For Losing A License

Some of the reasons a Texas driver's license can be suspended or revoked include:

  • Driving or boating under the influence of alcohol or drugs (DWI or BWI).
  • Committing multiple traffic violations.
  • Having no car insurance while being involved in an accident resulting in injury, death, or at least $1,000 in property damage.
  • Failure to Appear (FTA) in court for a traffic ticket.

Texas drivers may also be prevented from renewing their license for these reasons or for having active warrants, including traffic ticket warrants.

The length of a suspension varies based on the reason. For example, a DWI can result in conviction:

  • For up to 2 years, if you are 21 years old or older.
  • For 1 year, if you are under 21 years old and:
    • An additional 180 days, if you don't complete an Alcohol Education Program.
    • 90 days if you are required to get an interlock ignition and to complete community service.

However, you could also face suspension of your license after being arrested for DWI, even if the charges are later dismissed or you are acquitted by a jury.

Know Your Rights

When you are charged with DWI or another offense leading to a license suspension, you are entitled to a hearing before your license can be suspended. You must request that hearing, called an Administrative License Revocation (ALR) Hearing, within 15 days of your arrest. Otherwise, your suspension will occur within 40 days of your arrest. You can request an ALR hearing from DPS here: https://www.txdps.state.tx.us/DriverLicense/customer_service/alr.aspx ). Under the ALR program, your suspension may be for:

  • 90 days to 2 years, if you are arrested for DWI, regardless of age.
  • 30, 60, or 90 days, if you are under 21 years old and you
    • Buy or attempt to buy alcohol.
    • Possess or consume alcohol.
    • Are arrested for Public Intoxication.
  • 180 days if you are convicted of a marijuana, drug, or substance abuse offense.

For more information about ALR Hearings, please see our Administrative License Revocation (ALR) page.

Texas also allows Suspension Hearings for suspensions that do not fall within the ALR program, which includes most suspensions that do not involve intoxication offenses. You must request a suspension hearing within 20 days of the suspension (which you can do here: https://www.txdps.state.tx.us/DriverLicense/customer_service/HearingRequests.aspx ). If you have already had a hearing, the result can still be appealed within 30 days. ALR Hearings may be appealed, too. It's important to involve a lawyer in this process as quickly as possible to avoid missing these deadlines.

At Hoelscher Gebbia, PLLC, we can help prevent your license from being suspended or help you obtain an occupational driver's license until your suspension ends. An Occupational Driver's License (ODL) allows Texas drivers up to twelve (12) hours to drive per day. The judge who grants the ODL may impose conditions such as a DWI Education Course or an ignition interlock device. Getting an ODL requires filing a civil case and paying the filing fee, paying fees to DPS, and an SR-22 proof of insurance. However, for many drivers, the Occupational Driver's License provides them the ability to drive legally, maintain employment, and buy time to deal with whatever caused the suspension.

CDL Holders

Drivers who possess a Commercial Driver's License (CDL) face particular challenges from traffic tickets and intoxication offenses, even before conviction. We have experience in representing CDL holders and helping them keep their licenses or get their CDLs reinstated.

If you have a Texas Commercial Driver's License, you are regulated by both Texas and federal suspended license regulations, which are controlled by the Federal Motor Carrier Safety Administration (FMCSA).

Your CDL can be suspended for a period ranging from 60 days to a lifetime for criminal convictions or violations, even if committed in your personal, non-commercial vehicle, including:

  • DWI and alcohol convictions.
  • Serious traffic violations.
  • Being involved in a felony.

Your CDL may be suspended for 1 year or 3 years depending on your offense, after an Administrative Revocation Hearing (ALR). CDL holders' fines, reinstatement requirements, and duration of suspension will vary depending on the conviction. CDL holders may apply for an Occupational Driver's License, but may only use it to operate non-commercial vehicles. However, there is some good news. If your CDL was suspended because of 2 or more violations within three (3) years that were deemed to be serious traffic violations, your CDL will be automatically reinstated after 60 days.

Any driver may determine their license status by using the DPS form here: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do

You will need the following items to check your eligibility and pay any fees that may be owed to DPS.

  • Your driver's license number.
  • Your birth date.
  • The last 4 digits of your Social Security number.
  • Payment for the reinstatement fee.The Texas DPS accepts VISA, MasterCard, Discover and American Express credit cards. Please note that:
    • Any court fees must be paid to the court.
    • ALR license suspensions require a $125 reinstatement fee.
    • If you've recently made a payment with the TX DPS online service, you must wait 72 hours before you can pay your reinstatement fees online.
  • If you cannot pay online, you can submit a check with your suspension compliance documents.

Contact our San Antonio, Texas, law office to learn how we can put our experience and resources to work protecting your rights and interests. Call 210-570-9902 or complete our online contact form.