Suspension Periods

The penalties for license suspensions strictly related to charges of Driving While Intoxicated depends upon on your history with DWI (and related offenses), as well as relevant circumstances of the arrest, most commonly the issues of whether an individual refused to provide a chemical test, or whether consent was given to administer a chemical test, and it was deemed a failure.

1st Time DWI Arrest:

Breath or Blood Test Failure: If you submit to a chemical test but your BAC was .08 or higher, your license will be suspended for a period of 90 days.

Breath or Blood Test Refusal: If you refuse to submit to a chemical test, your license will be suspended for a period of 180 days.

DWI Subsequent Arrest:

If there are any alcohol or drug related offenses on an individual's record in the preceding 10 years, license suspension periods can be longer.

Breath Test Failure: If you submit to a chemical test and your BAC was .08 or higher, and this is at least your 2nd alcohol or drug related case within 10 years, your license will be suspended for a period of 1-year.

Breath Test Refusal: If you refuse to submit to a chemical test, and this is at least your 2nd alcohol or drug related case within 10 years, your license will be suspended for 2 years.

Waiting Periods

According to the Texas Transportation Code, Section 521.251, it is required in some cases that an individual must wait the following time periods before they can obtain an Occupational Driver's License. Certain intoxication-related criminal offenses can make an individual ineligible to receive an ODL under Texas Law, and other individuals who have are facing driver's license suspensions are required to wait certain time periods before they can receive an ODL:

1. An individual who has received an administrative driver's license suspension, and does not have any prior driver's license suspensions for alcohol-related contact with law enforcement within the preceding 5 years, can eligible to obtain and ODL immediately;

2. An individual who has received a driver's license suspension within the preceding 5 years for alcohol-related contact with law enforcement must wait 90 days after the effective date of the driver’s license suspension;

3. An individual who has been convicted of a DWI criminal offense within the preceding 5 years must wait 180 days after the effective date of the driver’s license suspension; and

4. An individual has been convicted of two or more DWI offenses within the preceding 5 years must wait 1-year after the effective date of the driver's license suspension.

Contact Us Now

Call Carl David Ceder at 214.702.CARL(2275) if you are facing any license suspension issues regarding your ability to drive (and regardless of whether it resulted from a DWI arrest or not). Contact The Law Offices of Carl David Ceder and let us help mount an effective defense in your DWI case, including doing everything possible to preserve your ability to drive.

Call 214.702.CARL(2275) for a free consultation and evaluation.You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and personal assistance. E-mail messages will be responded to with 24-48 hours, depending on whether Carl is in trial.