By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Here’s a quick run-down of driver’s license suspension times which relate to Driving While Intoxicated charges (as of July, 2013).
Driver’s license suspensions related to drunk driving charges occur one of two ways: (1) by either a breath/ blood test refusal/ failure: or (2) because of a conviction for DWI.
These determinations are slippery and the code doesn’t do a very clear job of sorting them out. It’s best to consult an attorney before trying to figure it out on your own. Also suspension’s listed below due to refusal/ or denial are appealable through Administrative License Revocation hearings (otherwise known as ALRs). Though the State and police want you to really think these are automatic upon arrest — they really aren’t.
DUI (Minors with any detectible about of alcohol):
1st arrest — 60 day suspension
1 prior — 120 days
2 prior — 180 day suspension
1st DWI arrest (regardless of age):
Refusal: 180 day suspension
Failure (breath or blood over 0.08): 90 day suspension
Conviction: 90 days to 1 year (suspension is abated by classes taken during probation)
2nd “alcohol related contact” within 10 years
Refusal: 2 year suspension.
Failure: 1 year suspension.
Conviction of DWI 2nd: 180 days – 2 years (suspension may be partially abated by classes taken during probation)
Conviction of DWI 2nd within 5 years: 1 to 2 years (suspension may be partially abated by classes taken during probation).
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. For legal advice about any situation you should contact an attorney directly.