WHAT IS A DWI?

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All drivers in Texas are subject to implied consent, which means that if you drive, you’ve implied your consent to a chemical test if law enforcement suspects you’re drunk or otherwise impaired.

If you fail or refuse a chemical test (often a blood or breath test), you will face Administrative License Revocation (ALR), which is a type of license suspension unrelated to your criminal DWI penalties. ALR carries specific penalties for refusing or failing chemical tests.

Adults

• 1st offense: 180 days.
• 2nd offense (Refuse or fail test): 2 years.

Minors (Under 21 years old)

• 1st offense: 180 days.
• 2nd offense (Refuse or fail test): 2 years.

Adults

• 1st offense: 90 days.
• 2nd offense (Refuse or fail test): 1 year.

Minors (Under 21 years old)

• 1st offense: 60 days.
• 2nd offense (Refuse or fail test): 120 days.

ALR Procedures

Here’s how chemical test refusals or failures and ALR usually play out:

• You refuse or fail a chemical test.
• The officer takes your driver’s license and issues you a temporary driving permit.
• You have 15 days to request a hearing, after which any hearing request will be denied.
• If you don’t request a hearing, your license suspension kicks in 40 days after the arrest.
• You’ll eventually pay a $125 fee to get your license back.

Reinstating your Texas driver license after a DWI conviction is fairly straightforward, though by no means quick and easy. In summary, you must:

• Complete your license suspension or revocation.
• Pay your DWI fines and other court costs.
• Complete your jail sentence or community service hours.
• Complete the DWI Education Program, DWI Intervention Program, or Alcohol Education Program for Minors.
• Pay all applicable license reinstatement and maintenance fees (see below).

License Reinstatement Fees and Other Surcharges

You will face a variety of fees and surcharges related to license reinstatement and maintenance, and some of these depend on your age and circumstances.

For example, everyone must pay a $125 fee for license reinstatement after an Administrative License Revocation (ALR), which can happen whenever you fail or refuse to submit to a chemical test.

You also have the annual surcharges associated with the Driver Responsibility Program. These are the surcharges listed above under “DWI Penalties: Adults” and can range from $1,000 to $2,000 each year for 3 years.