Alcohol Related Offenses

Blood or Breath Test Refusal or Failure
If a person refuses or fails a blood or breath test following an arrest for Driving While Intoxicated (DWI), the person may receive a license suspension of ninety (90) days up to two (2) years. If the driver holds a Commercial Driver License, a breath test refusal or failure will result in an automatic one (1) year disqualification. (Access the Administrative License Revocation)

A person may be eligible to request an Administrative License Revocation (ALR) hearing to contest the suspension.

Reinstatement requirements
A reinstatement fee will be required prior to the renewal/issuance of a driver license.

Driving While Intoxicated
Offenders convicted of Driving While Intoxicated who are 21 years of age or over, may be required to attend an authorized Alcohol Education Program, may be suspended, or may receive probation for their offenses.

  1. Probation: If convicted of DWI and granted probation, offender will be required to attend an Alcohol Education Program authorized by Texas Department of State Health Services unless the requirement is waived by the presiding judge. Completion of the program must be submitted within 180 days from date of conviction or revocation action will take place. A reinstatement fee will be required if the Texas license is revoked.
  2. Suspension: The Texas driver license may be suspended for a period not to exceed two (2) years (first-time offenders).  

Offenders convicted of Driving While Intoxicated who are under 21 years of age will receive a one (1) year driver license suspension. An authorized Alcohol Education Program must be completed before the license may be reinstated.

DWI offenders under 21 years of age may receive a ninety (90) day driver license suspension only if a deep lung breath analysis mechanism and community service are also ordered by presiding judge. (A special license must be issued to drive with a deep-lung mechanism)

Reinstatement requirements

  1. A reinstatement fee will be required prior to the renewal/issuance of a driver license.
  2. Obtain proof of insurance (Form SR-22) from your insurance company and submit to the Texas Dept. of Public Safety (DPS). The Form SR-22 is required for two (2) years from date of conviction.
  3. If a Repeat Offender's DWI education program has been required by the convicting court, certificate of completion must be forwarded to DPS prior to the expiration of the suspension to prevent an additional revocation period.

NOTE: It is possible to receive a suspension for a DWI conviction AND a suspension for a blood/breath test refusal/failure arising from the same arrest.

Alcohol Offenses by Minors
Persons under 21 years of age who are convicted of the following offenses will receive a thirty (30) day suspension for the first offense, sixty (60) days for a second offense, and 180 days for a third offense.

  1. Purchase of alcohol
  2. Attempt to purchase alcohol
  3. Consumption of alcohol
  4. Possession of alcohol
  5. Misrepresentation of age
  6. Public Intoxication

Offenders will also be required to attend an Alcohol Awareness Course approved by the Texas Department of State Health Services.  Failure to complete the program will result in a 180-day driver license suspension.  Subsequent offenses may result in a one-year suspension.