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ALR Suspension

Jun 25
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Texas DWI License Suspensions and Occupational Driver’s Licenses - What Texas drivers need to know about DWI license suspensions, ALR hearings, and obtaining an ODL after a DWI arrest.

Texas DWI License Suspensions & Occupational Driver’s Licenses: What You Need to Know (Including Felony DWIs)

By DWI
Texas DWI License Suspensions and Occupational Driver’s Licenses - What Texas drivers need to know about DWI license suspensions, ALR hearings, and obtaining an ODL after a DWI arrest.

Understanding Texas DWI license suspensions and how to obtain an Occupational Driver’s License (ODL) after a DWI arrest or conviction.

If you’ve been arrested or convicted for a DWI in Texas, one of the first consequences you’ll face is a driver’s license suspension. Whether it’s your first offense or a felony DWI, navigating the suspension and reinstatement process is critical. Fortunately, Texas law allows many drivers to apply for an Occupational Driver’s License (ODL) so they can continue driving for essential purposes.

This guide breaks down everything you need to know about DWI-related suspensions, ODL eligibility, and how to navigate the system—with easy-to-read charts and legal citations to help you understand your rights.

Administrative vs. Criminal License Suspension

There are two ways your license can be suspended after a DWI arrest in Texas:

  • Administrative License Revocation (ALR)
  • Criminal Court Suspension

ALR Suspension Periods (Texas Transportation Code §§ 524 & 724)

Offense Type Suspension Period Statute
1st DWI – Refusal 180 days  Texas Transportation Code § 724.035(a)(1)
1st DWI – Test Failure 90 days Texas Transportation Code § 524.022(a)(1)
2nd+ DWI – Refusal 2 years Texas Transportation Code § 724.035(b)
2nd+ DWI – Test Failure 1 year Texas Transportation Code § 524.022(a)(2)

Criminal Conviction Suspensions (Texas Code of Crim. Proc. 42A.407 & Texas Transportation Code § 521.344)

Conviction Type Suspension Range
1st DWI 90 days – 1 year
2nd DWI 180 days – 2 years
DWI with Child Passenger

2 DWI’s w/in 5 years

 180 days – 2 years

1 – 2 years

Felony DWI in Texas: Penalties & Suspension Periods

Felony DWI Offense Classification Suspension
3rd or Subsequent DWI Third-Degree Felony 180 days – 2 years
DWI w/ Child Passenger State Jail Felony 90 days – 1 year
Intoxication Assault Third-Degree Felony 180 days – 2 years
Intoxication Manslaughter Second-Degree Felony 180 days – 2 years

Occupational Driver’s License (ODL): Who Can Apply?

An ODL is a restricted license that allows you to drive to work, school, medical appointments, and for essential household duties. An occupational license cannot be granted for the operation of a commercial vehicle.  Texas Transportation Code § 521.2424

What You’ll Need to Get an ODL

Requirement Statute / Rule
Essential Need Affidavit Texas Transportation Code § 521.2421(d)(1)
SR-22 Insurance 37 Tex. Admin. Code § 25.6
Certified Driving Record (Type AR) Texas Transportation Code § 521.2421(d)(4)
Interlock Device (if applicable) Texas Transportation Code § 521.246
Court Order with Restrictions Texas Transportation Code § 521.248
Submission to DPS

Applicable fees including reinstatement fees and ID fees

 Texas Transportation Code § 521.248(f)

 

Steps to Get an Occupational License After DWI

  1. File a Petition – in county or district court
  2. Gather Required Documents – SR-22, driving record, affidavit, IID proof(if applicable)
  3. Attend Hearing – judge may impose conditions
  4. Submit to DPS – with required documents and fee

Conclusion: Protect Your License and Your Future

A DWI arrest doesn’t have to end your ability to work, care for your family, or rebuild your life. Understanding Texas’s license suspension laws—and how to pursue an Occupational Driver’s License—can make all the difference.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we help clients navigate both the criminal and administrative processes to minimize disruption and protect their future.

If you’ve been arrested for DWI—whether misdemeanor or felony—reach out today for experienced guidance and effective legal representation.

Feb 06
Love3
Texas Occupational Drivers License Rules

Texas Occupational License Restrictions and Requirements (and why they matter)

By DWI

What You Can, Should, and Must Do While You are Driving on an Occupational Drivers License in Texas

Texas Occupational Drivers License RulesIf you’ve received an occupational license related to a DWI ALR suspension (blood or breath test refusal or failure) in Texas, the judge who granted you that license likely included several restrictions and requirements you must follow. Those requirements can be found in the order granting your occupational license. You should have that order handy because Texas Transportation Code Section 521.250 requires you to possess a certified copy of the order when you drive. In fact, it’s a criminal offense not to possess a certified copy (we’ll revisit that below.)

Learn About Your Restrictions and Requirements

It all starts with the order that the judge signed. Review it. When reviewing the order granting your occupational license, you will find various restrictions and requirements. Restrictions typically limit your time, location and purpose of travel. In some scenarios, people are restricted to use an occupational license only when driving a vehicle equipped with an ignition interlock device. Other requirements can vary. They often include (but are not limited to) keeping a travel logbook, no traffic citations, no radar devices, etc. Specifically, however, Texas Transportation Code Section 521.245 requires the judge to require the person attend some form of an alcohol dependency program in the order granting occupational license. The order can also require you to submit proof of attendance to the court.

What Happens if Fail to Follow The Occupational Drivers License Restrictions or Requirements?

Texas Transportation code 521.253 says:
(a) A person who holds an occupational license commits an offense if the person:
…..(1) operates a motor vehicle in violation of a restriction imposed on the license; or
…..(2) fails to have in the person’s possession a certified copy of the court order as required under Section 521.250.
(b) An offense under this section is a Class B misdemeanor.
(c) On conviction of an offense under this section, the occupational license and the order granting that license are revoked.

What about not complying with the requirement for attending an alcohol dependency program? Per Texas Transportation Code Section 521.245, judges have the authority to revoke the occupational license and impose an additional 60-120 day suspension. That additional suspension is costly, too. Unlike the original DWI ALR suspension where you could apply for an occupational license, there is no option for another occupational license if you were granted one and failed to comply with this requirement.

Don’t Run Afoul of the Occupational DL Rules or Restrictions

So, the suggested practice here is simple:

  1. Have a certified copy of the order granting your occupational license.
  2. Read it carefully and educate yourself about the restrictions/requirements involved.
  3. Comply with said restrictions/requirements for the duration of your occupational license.

If you have questions about your occupational license, contact your attorney for assistance. If you don’t have an attorney, the attorneys at Barnett, Howard & Williams, PLLC are only a phone call away.