Protecting Your Driver’s License After a DWI Arrest in Texas: What You Need to Know

If you have recently been arrested for Driving While Intoxicated (DWI) in Texas, you may already be facing more than just criminal charges. The Texas Department of Public Safety (DPS) can begin an administrative process, separate from your criminal case, to suspend your driver’s license. This process is known as Administrative License Revocation (ALR), and it begins much faster than most people realize.

At Segura & Kiatta Criminal Defense, we specialize in representing clients throughout Harris County and Fort Bend County, and we’ve helped many individuals fight to protect their driving privileges. Here is what you need to know about this critical process—and how we can help.

Why Is DPS Involved After a DWI Arrest?

After a DWI arrest, police typically request a breath or blood sample to test your blood alcohol content (BAC). Your response—and the results—determine whether DPS initiates the ALR process:

• Refusal to provide a sample: DPS will seek to suspend your license for 180 days.
• Providing a sample with a BAC of 0.08 or higher: DPS will seek a 90-day suspension.
• Under the legal limit: No suspension occurs.

If you have prior drug- or alcohol-related suspensions, your suspension period may increase to one or two years.

Special Rules for Minors and CDL Holders

• Under 21? Any detectable amount of alcohol can result in a 60-day suspension.
• Have a Commercial Driver’s License (CDL)? Even a first-time DWI arrest can lead to a one-year CDL suspension—a serious risk to your livelihood.

Is My License Automatically Suspended?

No, but you must act fast. You have only 15 days from the date of your DWI arrest to notify DPS that you want to contest the suspension. If you do nothing, the suspension will automatically begin on the 41st day after your arrest.

Our office handles every step of this process for our clients, from filing a request for an ALR hearing to us representing you in front of the administrative judge.

Why Challenge the Suspension?

You might assume fighting the suspension is a lost cause, but in fact, we’ve successfully saved our clients’ licenses in more than 80% of our ALR cases. Beyond protecting your ability to drive, these hearings offer valuable legal advantages:

1. Discovery Opportunity 

   We subpoena the arresting officer and question them under oath about the DWI arrest. This allows us to:

   • Lock in their version of events
   • Identify inconsistencies
   • Clarify ambiguous details
2. Leverage for Your Criminal Case 

   If the officer contradicts their police report, bodycam video, or witness statements during the ALR hearing, we obtain a transcript of their testimony. That transcript can be used to:

   • Negotiate with the prosecutor
   • Challenge the officer’s credibility at trial

   We have won numerous DWI cases due to the evidence presented during the ALR hearing.

What If My License Still Gets Suspended?

If your license is ultimately suspended, we will discuss whether you are eligible for an Occupational Driver’s License (ODL). An ODL allows you to drive to work, school, and perform essential household duties during the suspension period.

Get the Help You Need – Contact Segura & Kiatta Criminal Defense

If you have been arrested for DWI, time is not on your side. Call our office in Sugar Land today to schedule a consultation. We will review your case, explain your rights, and develop a strategy to protect your license and your future.