A DWI conviction comes with many collateral consequences, a driver license suspension is one of them. However, if your case is dismissed or if the DWI charge is changed to another crime, such as Obstruction of a Highway or Passageway, then the short answer is it depends.
There are two opportunities for your driver license to be suspended following an arrest for Driving While Intoxicated. 1) the ALR Hearing 2) the DWI case
Administrative License Revocation Hearing (ALR)
When you get arrested for DWI, you will be given a document called the DIC-24 (It is titled “Statutory Warning“). This document explains that you have 15 days from the date you received it or are “presumed to have received it,” to request a hearing or your license will be suspended in 40 days. This hearing is completely separate from your criminal case; however, it can still result in your license being suspended, even if your DWI charge is ultimately dismissed. When you get arrested for DWI- your driver license is NOT suspended automatically.
You have the right to have an attorney for the ALR Hearing, and while your license may still be suspended after the hearing, it is a great tool for gathering evidence and locking the officers into testimony for your criminal case.
Refusal= 180 days (2 years if prior contact within 10 years)
Failure= 90 days (1 year if prior contact within 10 years)
Contact means- conviction for an intoxication offense, refusal to submit to taking of a specimen or BAC test greater than .08
Failure greater than .08= 60 days (no prior convictions), 120 days (1 prior conviction) 180 days (2 prior convictions)
The DWI Case
If you get convicted of DWI, your license will be suspended; however, you may be able to get credit for the time your license was suspended as a result of your ALR Hearing. If this is a first DWI and you refused to give breath or blood, the judge will give you credit for your ALR Suspension. It is important to have an attorney who understands this and argues for the same or less amount of suspension for your DWI case. It is also important the attorney asks for the credit to be given to their client. If the judge does not specifically note it to DPS, DPS will not honor it.
Even if you get credit for the ALR Suspension, you may still end up with an “SR Suspension.” Another consequence of a DWI conviction is that you will be required to have SR-22 insurance for two-years following the date of conviction.
To learn more about SR-22 Insurance, see What is SR-22 Insurance?
- First Offense= 90 days to 1 year
- Second Offense/Repeat Offender within 10 years= 180 days to 2 years.
- Second DWI within 5 years= 1 year to 2 years
- Minor DWI (probated)= 90 days
Credit for ALR Suspension: Court must credit toward suspension any ALR refusal suspension imposed on the person. No ALR credit for repeat offenders or minors.
From your first meeting in our firm, we know you will recognize this is more than what you expected out of a law firm. We pride ourselves on professionalism in and out of court, our accessibility (our clients know they can set up an appointment and speak with us when they would like and will often email us directly about any questions or concerns), and our passion for the law. Contact our criminal defense team today by calling (512) 494-4070 or requesting a free consultation online now.
Steven Brand is a Board Certified criminal defense lawyer who graduated cum laude from the Benjamin N. Cardozo School of Law in New York City, achieving distinction there as a member of the Order of the Coif. He holds a Bachelor’s Degree in Business Administration from the University of Michigan. During law school, Mr. Brand studied under attorney Barry Scheck, a nationally renowned death penalty lawyer and founder of the first innocence project. Mr. Brand is admitted to practice law in the states of Texas and New York and the U.S. District Court of the Western District of Texas, Eastern District of New York, Southern District of New York (New York City), U.S. Court of Appeals of the Armed Forces, Navy/Marine Corps Court of Criminal Appeals, Army Court of Criminal Appeals, and the Air Force Court of Criminal Appeals.