After a D.W.I. arrest, such person has issued a temporary driving permit, which is good for 40 days only. See Tex. Transp. Code Ann. § 724.035(c) (West 2018). After 40 days, your driver’s license will be suspended. See Tex. Transp. Code Ann. § 724.035(c) (West 2018). The natural question is for how long will my driver’s license be suspended for?
Driver’s License Suspension for Refusal to Allow the Taking of a Specimen
Generally, your license will be suspended for 180 days based on your refusal. See Tex. Transp. Code Ann. § 724.035(a) (West 2018). If you refuse and have a prior D.W.I. conviction or prior refusal within the past 10 years, the driver’s license suspension period is for 2 years. Id. § 724.035(b) (West 2018).
Driver’s License Suspension for Failure to Pass Test of Where D.W.I. Is by a Minor (Under 21 years of Age)
Generally, for an adult, your license will be suspended for 90 days if you failed the test. See Tex. Transp. Code Ann. § 524.022(a)(1) (West 2018). If you have a prior D.W.I. or refusal within the past 10 years, your license will be suspended for 1 year. See Tex. Transp. Code Ann. § 524.022(a)(2) (West 2018). If you are a minor (under 21 years of age), your driver’s license will be suspended anywhere from 60 days to 180 days, depending upon whether such minor has previous alcohol-related offenses. See Tex. Transp. Code Ann. § 524.022(b)-(c) (West 2018).
Challenging the Temporary Driver’s License Suspension
If you want to challenge your driver’s license suspension, you must request an ALR hearing within 15 days of your arrest. This hearing is to determine whether or not probable cause existed or not to charge you with a D.W.I. If there was probable cause, your driver’s license will remain suspended.
Obtaining an Occupational License
Also, you may be eligible for an occupational license during your driver’s license suspension period. A court may not grant an occupational license for persons driving with a commercial license (“CDL”). See Tex. Transp. Code Ann. § 521.242(f) (West 2018). A minor is eligible for an occupational license but must wait either 30 or 60 days and, in some cases, is not eligible whatsoever. See Tex. Transp. Code Ann. § 524.022(d) (West 2018).
