Criminal License Suspension in Houston, TX

If you’ve been arrested for DWI in Houston or anywhere in Harris County, your driver’s license is at immediate risk—even before you’re convicted. Texas law allows for both administrative license suspension and criminal penalties following a DWI. Each suspension process is separate, with its own timeline, evidence requirements, and appeal rights.

To protect your ability to drive to work, care for your family, or meet basic needs, you must take swift legal action. At the Law Offices of Ned Barnett, we help Houston drivers navigate both the criminal justice system and Texas’s Department of Public Safety (DPS) to avoid unnecessary license suspension or restore limited driving privileges through an occupational license.

Call to schedule a private, free, no-risk consultation at (713) 222-6767 or contact us online.

DWI License Suspension & Houston’s 15 day Rule

How DWI Arrests Lead to License Suspensions in Houston

When you’re pulled over in Houston and arrested for DWI, two legal processes begin almost immediately:

• Administrative License Revocation (ALR): If you refuse or fail a chemical test (breath or blood), DPS can suspend your license—even if you’re never convicted.
• Criminal Suspension: If you’re ultimately found guilty of DWI in criminal court, the judge can impose a second, often longer, license suspension.

How Long Can my License Be Suspended for DWI?

The following list provides the length of a criminal license suspension for different types of DWI case:

• First DWI conviction—you may be sentenced to a 90-day to 1-year license suspension
• Second DWI conviction—your license may get suspended for up to 2 years and a minimum of 180 days
• Third and subsequent DWI convictions—license suspension of 180 days to 2 years
• DWI with a child passenger in the car—if you were driving with someone under 15 at the time of the DWI, you could face an 180-day license suspension

In some cases, the court may credit the time your license was administratively suspended towards the length of your criminal suspension. For example, if your conviction for first DWI occurs 50 days after your administrative suspension started, the length of your criminal suspension could be as low as 40 days.

ALR Suspensions in Houston: What You Need to Know

In Houston and across Texas, the Administrative License Revocation (ALR) program kicks in if:

• You refuse a breath or blood test → 180-day suspension
• You fail a chemical test (BAC ≥ 0.08) → 90-day suspension

Your license will be taken on the spot, and you’ll be issued a temporary permit. From that moment, you have only 15 days to request a hearing to challenge the suspension. If you miss the deadline, your suspension starts automatically on the 40th day after arrest.

For visiting drivers, this process is particularly complex. While the ALR suspension applies to your driving privileges in Texas, your home state will likely be notified under interstate agreements. Understanding the full consequences of DWI for non-residents is crucial, as you could face a separate suspension of your license back home.

Why You Need an ALR Hearing in Houston

Houston ALR hearing for a DWI is your best shot at avoiding suspension, but it’s not easy. These hearings are handled by the State Office of Administrative Hearings (SOAH), not a criminal court. At this hearing, your attorney can challenge the stop, test procedures, and the officer’s actions to try to get your license back.

Getting a Hardship or Occupational Needs License

When your license gets suspended, it may seem like your life just got put on hold. Unless you live in one of the rare areas of Texas with a decent public transportation system, you will likely be unable to:

• Get to work or look for a job
• Drive your kids to school or extracurricular activities
• Attend religious services
• Do your shopping
• Get to college

Thus, a license suspension is a very harsh punishment for people intending to lead normal lives after their DWI conviction. Luckily, the Texas Department of Public Safety (DPS) offers the possibility of obtaining an occupational license, which is available to people who demonstrate a substantial need to drive for any of the reasons stated above, and who have not applied for an occupational license within the last 10 years.

It’s a good idea to have a lawyer help you with your application. Not only will your DWI defense attorney be able to help show that you have good cause for obtaining a license, he or she can help you put together your license application, which involves:

• Visiting the court where the suspension was ordered and filing a petition
• Getting a signed court order, which you can also use as a 30-day temporary license.
• Providing DPS with the court petition and court order, a financial responsibility insurance certificate (form SR22) from your insurance company, a $125 license reinstatement fee and a $10 occupational license fee.

Your occupational license will be valid for 1 year and will allow you to drive during a 12-hour period each day. There may be other restrictions, such as having to use an ignition interlock device that won’t allow your car to run if you’re under the influence of alcohol. In other cases, the issuance of your occupational license may be conditional on your promise to attend a substance abuse treatment program.

Alternatively, you may want to apply for a hardship license, whose application procedures are similar to the ones for the occupational license. But to obtain a hardship driver’s license, you must be able to demonstrate the following:

• Your family will experience unusual economic hardship because of your inability to drive
• You need to use your driving privileges to care for a sick or disabled family member
• You are pursuing a vocational educational program that requires you to have a driver’s license

Can You Appeal a License Suspension after a DWI Arrest in Houston?

Even if the ALR judge upholds your suspension, you still have the right to appeal. A skilled DWI defense attorney can identify constitutional issues (such as unlawful traffic stops or improperly administered tests) and file for judicial review in a Harris County court to help you fight the suspension and work to restore driver’s license after DWI penalties.

Why Appeal?

• To delay or reduce the suspension
• To obtain a probated suspension or qualify for an occupational license
• To preserve your driving privileges during the criminal trial
• If the ALJ made legal errors or relied on unreliable evidence, your license may be reinstated.

More About Administrative DWI Suspensions

A Houston DWI Lawyer Can Help with Your License

When you’re facing a license suspension, time is not on your side. Whether it’s your first DWI or you have prior offenses, you need an experienced local attorney who knows the Harris County courts and Texas DPS procedures.

Attorney Ned Barnett is a former prosecutor and a Board-Certified criminal defense lawyer with over 25 years of experience. He holds certifications in field sobriety testing, gas chromatography, and breathalyzer machine operation—making him uniquely qualified to challenge evidence and help you keep your license.

Call (713) 222-6767 or contact us to schedule your free, confidential case evaluation.

Don’t Lose Your License Without a Fight

• File for an ALR hearing within 15 days of arrest
• Apply for an occupational license with court support
• Challenge both administrative and criminal suspensions
• Avoid jail time, license loss, and career disruption

Fight Your DWI License Suspension – Contact Ned Barnett

With over twenty years of experience defending DWI cases, The Law Offices of Ned Barnett is the first choice for DWI suspects who want the best outcome possible for their cases. A relentless advocate, creative trial strategist, and effective negotiator, attorney Barnett is ready to start fighting your DWI charges today.

Call now at (713) 222-6767 for your free and confidential consultation.