Plano Criminal Defense Attorney

About DWI Driver's License Suspensions in Texas

About DWI Driver's License Suspensions in Texas

The DWI license suspension period varies. In most Texas DWI first offense misdemeanors, there is no driver’s license suspension if your attorney negotiates a plea deal for DWI probation. However, a Texas DWI conviction for driving while intoxicated under the age of 21 many times results in an automatic suspension for one year. Texas Transportation Code 521.344, if the person arrested for DWI in Dallas or Collin County holds a Commercial Driver License, a breath test refusal or failure will result in automatic one-year disqualification as to the commercial license.

OFFENSE

REFUSAL/FAILURE OF TEST

SUSPENSION

First DWI

"Failure” case (Blood alcohol of .08 or more)

90 days

“Refusal” case (refusing to take breath or blood test)

180 days

Second DWI

Failed breath or blood test

1 year

Refused breath or blood test

2 years

NOTE: It is possible to receive a suspension for a DWI conviction AND a suspension for a blood/breath test refusal/failure arising from the same arrest. That's right - in relation to a DWI or DUI charge in Texas, your license may actually be suspended twice! The first driver's license suspension will be for refusing or failing (.08 and above) a DWI breath test or DWI blood test. The second suspension may come as a consequence of being convicted for DWI or DUI either at trial or by pleading guilty to DWI and electing for jail time rather than probation.

DWI CONVICTION

SUSPENSION

1st DWI conviction (or guilty plea)

90 days to 1 year

2nd DWI conviction (or guilty plea)

180 days to 2 years

2nd DWI within 5 years of 1st DWI

1 year to 2 years

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