Texas DPS

Short answer: If you hold a Texas commercial driver's license (CDL), a first DWI conviction disqualifies you from driving a commercial vehicle for one year, even if you were arrested in your personal pickup on a Saturday night. Refusing a breath or blood test, or testing at 0.08 or higher in your own car, can trigger the same one-year disqualification. A second offense means a lifetime disqualification. CDL holders also can't get deferred adjudication for DWI, can't get an occupational license to drive a commercial vehicle, and can't have the disqualification probated.

For truck drivers, bus drivers, delivery drivers, and equipment operators across Dallas-Fort Worth, a DWI arrest isn't just a criminal case. It's a threat to your livelihood. Whether the stop happened on I-35W near AllianceTexas, on I-20 in Grand Prairie, or on a farm-to-market road in Parker County, the CDL rules apply the same way.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth DWI attorneys defend commercial drivers in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains what's at stake, the deadlines that matter, and the defense options that protect your CDL.

Key Takeaways

• One year off the road for a first DWI conviction, in any vehicle. Texas disqualifies a CDL holder for one year on a first conviction of driving under the influence, and the rule applies while "operating any type of motor vehicle, including a commercial motor vehicle" (Tex. Transp. Code §522.081(b)).
• Refusal or a 0.08+ test in your own car counts too. A refusal, or a test showing 0.08 or more while driving a non-commercial vehicle, is a separate one-year trigger (§522.081(b)(3)–(4)).
• 0.04 is the limit in a commercial vehicle. A test of 0.04 or more while operating a CMV means disqualification, and any detectable alcohol puts you out of service for 24 hours (§§522.081, 522.101).
• Hazmat means three years; a second offense means life. (§522.081(c)–(d); 49 CFR 383.51).
• No deferred adjudication for CDL holders charged with DWI (Tex. Code Crim. Proc. art. 42A.102(b)(1)(B)).
• No occupational license for a CMV, and no probated disqualification (§§522.085–.086).
• You have 15 days to request an ALR hearing after receiving notice of suspension (Tex. Transp. Code §524.031).

Does a DWI in My Personal Car Affect My CDL in Texas?

Yes. This is the most common misunderstanding we hear from commercial drivers. Section 522.081(b) of the Transportation Code says the one-year disqualification applies to a violation "committed while operating any type of motor vehicle, including a commercial motor vehicle" (Tex. Transp. Code §522.081). Federal rules match: the disqualification table in 49 CFR 383.51 lists a one-year disqualification for a first DWI conviction whether you were driving a CMV or a non-CMV.

So a DWI in your own car can take you out of your truck for a year, even though your regular Class C driving privileges might be eligible for an occupational license.

What Are the CDL Disqualification Periods for DWI in Texas?

Situation	CDL disqualification	Source
First DWI conviction (any vehicle)	1 year	§522.081(b)(2)
Refusing a breath or blood test (any vehicle)	1 year	§522.081(b)(3)
Test of 0.08+ in a personal vehicle	1 year	§522.081(b)(4)(B)
Test of 0.04+ (or drugs present) in a CMV	1 year	§522.081(b)(4)(A)
Any of the above while hauling placarded hazmat	3 years	§522.081(c)
Two or more qualifying offenses or refusals from separate incidents	Life	§522.081(d)
Any detectable alcohol while driving a CMV, or refusing a CMV test	24-hour out-of-service order	§522.101

The lifetime rule is stricter than many drivers realize. Under §522.081(d)(3), any combination of two of the following from separate incidents triggers it: a DWI conviction, a test refusal, or a qualifying test result. For example, a refusal five years ago plus a DWI conviction today can mean lifetime disqualification. Federal rules allow a state to reinstate a driver disqualified for life after 10 years if the driver completes an approved rehabilitation program, but a second disqualifying conviction after reinstatement is permanent (49 CFR 383.51(a)(6)).

Why Can't a CDL Holder Get Deferred Adjudication for DWI?

Since 2019, Texas judges have been able to grant deferred adjudication in many first-time DWI cases. Our DWI deferred adjudication guide explains how it works. But the statute carves out an exception: deferred adjudication isn't available for a DWI charge if, at the time of the offense, "the defendant held a commercial driver's license or a commercial learner's permit" (Tex. Code Crim. Proc. art. 42A.102(b)(1)(B)(i)). The same bar applies if the alcohol concentration was 0.15 or more.

This tracks a federal rule. States "must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program" that would keep a CDL holder's traffic-law conviction, in any type of vehicle, off the national CDL driver record (49 CFR 384.226). In practice, the options that help non-commercial drivers often aren't available to you, which makes the strength of the defense even more important.

Can I Get an Occupational License to Keep Driving My Truck?

No. Texas law says a person disqualified from operating a commercial motor vehicle "may not be granted an essential need or occupational driver's license that would authorize operation of a commercial motor vehicle" (§522.086). The disqualification also "may not be probated" (§522.085).

You may still qualify for an occupational license for your personal (non-commercial) driving during a regular license suspension. Our article on Texas DWI license suspensions and occupational licenses covers that process.

How Does the ALR Hearing Work for Commercial Drivers?

After a DWI arrest with a refusal or a failed test, DPS will seek to suspend your license through the Administrative License Revocation (ALR) process. For adults, the regular suspension is 90 days with no alcohol- or drug-related enforcement contact in the prior 10 years, or one year with such a contact (§524.022). You must request a hearing within 15 days of receiving notice (§524.031). See our step-by-step guide to the ALR hearing and its 15-day deadline.

For CDL holders, the ALR stakes are higher. A test result of 0.08 or more in your personal vehicle, or a refusal, is itself a basis for CDL disqualification under §522.081(b)(3)–(4), separate from any criminal conviction. When a driver stopped in a commercial vehicle refuses or tests 0.04 or more, the officer files a sworn report, and DPS disqualifies the driver beginning on the 45th day after receiving it "unless a hearing is granted" (§§522.104–.105).

The ALR hearing is also a valuable chance to question the arresting officer under oath early in the case. That testimony can expose problems with the stop, the field sobriety tests, or the breath or blood testing.

What Do I Have to Tell My Employer?

Federal regulations require commercial drivers to report certain events to their employers:

1. Convictions. A CDL holder convicted of a traffic violation (other than parking), in any type of vehicle, must notify the employer "within 30 days of conviction" (49 CFR 383.31).
2. Suspensions and disqualifications. If your license is suspended, revoked, canceled, or you're disqualified, you must tell your employer "before the end of the business day following the day the person received notice of the action" (49 CFR 383.33).

Many companies also have their own policies that require reporting an arrest sooner. Talk with a lawyer before you make any written statement to your employer about the facts of the arrest.

Will a DWI show up in the FMCSA Clearinghouse?

It depends on what you were driving. According to FMCSA, a DUI in a personal car "is not considered 'actual knowledge'" and "must not be reported to the Clearinghouse" (FMCSA Clearinghouse Q&A). But if you receive a citation for DUI while operating a CMV, your employer must report it as an actual-knowledge violation. That report remains for five years or until you finish the return-to-duty process, whichever is later, even if you're never convicted. You can, however, submit proof of a dismissal or acquittal (FMCSA Clearinghouse FAQ). Under FMCSA's enforcement policy, a plea to a lesser charge such as reckless driving doesn't count as a "non-conviction" (FMCSA).

What Defense Strategies Protect a CDL?

Because deferred adjudication and occupational CMV licenses are off the table, the best outcomes for commercial drivers usually come from attacking the case itself:

• The stop. Was there reasonable suspicion for the traffic stop? Weaving within a lane, a single lane touch, or a "late-night" hunch may not be enough.
• Field sobriety tests. Were the standardized tests administered and scored correctly? Truck drivers often have long-shift fatigue, back injuries, or footwear issues that affect balance tests.
• Breath and blood testing. Was the breath instrument properly maintained? Was the blood draw taken under a valid warrant, and was the chain of custody intact? See our no-refusal DWI article.
• Impairment under 0.08. Texas can charge DWI based on loss of normal use even below 0.08. Our article on DWI arrests under 0.08 explains how those cases are defended.
• Dismissal or acquittal. A dismissal or a not-guilty verdict avoids the conviction-based disqualification under §522.081(b)(2). (A refusal or test-based disqualification is a separate issue, so the ALR fight still matters.)
• Charge reductions, with caution. A plea to a non-alcohol offense avoids a DWI conviction, but some offenses still have CDL consequences. Reckless driving, for example, is a "serious traffic violation," and two within three years mean a 60-day disqualification (§§522.003(25), 522.081(a)).

What Should a CDL Driver Do After a DWI Arrest in DFW?

1. Calendar the 15-day ALR deadline today.
2. Don't drive a commercial vehicle while subject to any out-of-service order or disqualification. Doing so is a separate offense under §522.071.
3. Write down everything you remember about the stop, the tests, and what the officer said, and share it only with your lawyer.
4. Gather your records: your medical card, logbook or ELD data, and any dash-cam or in-cab camera footage.
5. Know your employer reporting deadlines under 49 CFR 383.31 and 383.33.
6. Hire a DWI lawyer who knows the CDL rules. A plea that might be fine for a regular driver can end a commercial driving career. See our overview of DWI costs in Texas for the broader financial picture.

Frequently Asked Questions

Will I lose my CDL for a first DWI in my personal car in Texas?

If you're convicted, yes. A first DWI conviction disqualifies a CDL holder from driving a commercial vehicle for one year, regardless of the vehicle you were driving (§522.081(b)). A refusal or a 0.08+ result can also trigger the one-year disqualification.

What is the legal limit for a commercial driver in Texas?

0.04 while operating a commercial motor vehicle (§522.081(b)(4)(A)). Any detectable amount of alcohol while driving a CMV results in a 24-hour out-of-service order (§522.101). In your personal vehicle, the per se limit is 0.08.

Can a CDL holder get deferred adjudication or pretrial diversion for DWI?

Texas law bars deferred adjudication for a DWI if the defendant held a CDL or commercial learner's permit at the time of the offense (art. 42A.102), and federal rules prohibit states from using deferral or diversion to keep a CDL holder's traffic-law conviction off the record (49 CFR 384.226).

Can I get an occupational license to drive my truck during the disqualification?

No. An occupational license can't authorize commercial driving for a disqualified driver, and the disqualification can't be probated (§§522.085–.086).

Is a second DWI really a lifetime CDL ban?

Two qualifying offenses from separate incidents, including combinations of convictions, refusals, and failed tests, result in lifetime disqualification (§522.081(d)). Federal rules allow a state to reinstate after 10 years with an approved rehabilitation program (49 CFR 383.51).

Does my employer find out about a DWI arrest?

Federal rules require you to report a conviction within 30 days and a suspension or disqualification by the end of the next business day (49 CFR 383.31; 49 CFR 383.33). A DUI citation in a CMV is reported to the Clearinghouse by your employer.

Talk to a Fort Worth DWI Lawyer Who Understands CDL Stakes

For a commercial driver, the wrong plea can cost a career. HLAW defends CDL holders charged with DWI throughout Dallas-Fort Worth, from the ALR hearing through trial. Call (817) 993-9249 or contact us online for a free consultation. The 15-day ALR clock starts the day you receive notice.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its specific facts, and the laws discussed here may change.

Short answer: After a DWI arrest in Texas, you generally have just 15 days from the date you are served with a notice of suspension to request an Administrative License Revocation (ALR) hearing. If you miss that deadline, the Texas Department of Public Safety (DPS) will automatically suspend your driver's license on the 40th day: 90 days for a failed breath or blood test, or 180 days for a refusal, and longer if you have a prior alcohol- or drug-related contact in the last 10 years. A timely request keeps your license valid until a judge decides the case, and it gives your lawyer an early chance to question the arresting officer under oath.

Most people arrested for DWI in Fort Worth, Arlington, Dallas, or anywhere in North Texas think about the criminal case first: the jail release, the bond conditions, the first court date. But there is a second case running at the same time, and it moves much faster. It is a civil case against your driver's license, and the clock on it starts the moment the officer hands you the paperwork.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), requesting the ALR hearing is one of the first things we do for a new DWI client. This guide explains how the 15-day deadline works, what happens at the hearing, and why it matters for both your license and your criminal defense.

Key Takeaways

• Two separate cases. A DWI arrest triggers a criminal case in court and a separate administrative case against your license, handled by DPS and the State Office of Administrative Hearings (SOAH).
• 15 days. The hearing request must reach DPS within 15 days of being served notice. In some blood-test cases where DPS mails the notice later, DPS gives 20 days from the mailing date.
• Automatic suspension if you do nothing. Without a hearing request, the suspension takes effect on the 40th day after notice.
• Suspension lengths. For adults: 90 days for a failed test, 180 days for a refusal, and 1 or 2 years if you have a prior alcohol- or drug-related contact within 10 years.
• The request protects you. A timely request stays the suspension until the judge's final decision.
• The hearing is a discovery tool. Your lawyer can subpoena the arresting officer and cross-examine them under oath, often months before the criminal trial.
• Losing isn't the end. You may still qualify for an occupational driver's license, and you can appeal within 30 days.

What Is an ALR Suspension in Texas?

The Administrative License Revocation program is a civil process. Under it, DPS can suspend your license after a DWI or BWI arrest if you refuse a breath or blood test, or if you test at 0.08 or higher (0.04 or higher in a commercial vehicle). DPS says plainly that the ALR action is separate from the criminal court case.

So the ALR suspension can happen even if your criminal case is still pending, gets reduced, or is dismissed. Under Texas Transportation Code §524.015, the outcome of the criminal charge generally does not affect the ALR suspension. The main exception is an acquittal: if a jury or judge finds you not guilty of DWI arising from the same arrest, DPS must rescind the suspension and remove it from your driving record.

Breath or blood "failure" vs. refusal

The officer's paperwork will put you in one of two categories:

Situation	Governing law	First-offense adult suspension	With a prior contact in the past 10 years
Test result of 0.08 or higher	Tex. Transp. Code §524.022	90 days	1 year
Refused breath or blood test	Tex. Transp. Code §724.035	180 days	2 years
Driver under 21 with any detectable alcohol	§524.022(b)	60 days	120 days to 180 days, depending on prior convictions

Refusing a test does not end the matter. Under the implied consent warnings in §724.015, the officer can apply for a warrant to take your blood, and the refusal itself may be used as evidence. We cover that in more detail in our article on the penalties for refusing a breath test and in our guide to no-refusal weekends in Texas.

How Does the 15-Day Deadline Work?

Transportation Code §524.031 requires that DPS receive your hearing request at its Austin headquarters no later than the 15th day after you receive the notice of suspension. In a breath-test or refusal case, the officer usually serves that notice at the time of arrest, often on a form called the DIC-25, and may take your physical license.

Three practical points trip people up:

1. The deadline is about when DPS receives the request, not when you send it. Waiting until day 14 to mail a letter is a risk you don't need to take.
2. Blood-test cases can run on a different clock. When the officer draws blood, the results often aren't back at the time of arrest. DPS mails a notice of suspension later, and DPS's ALR page gives 20 days from the mailing date in those cases. Under §524.013, mailed notice is considered received on the fifth day after mailing, so watch your mail closely.
3. Late requests are denied. DPS states that requests made after the deadline will be denied, and the suspension then takes effect on the 40th day (DPS ALR hearing request page).

How do you request the hearing?

DPS accepts ALR hearing requests online, by mail, email, phone, or fax. Its online form is the fastest route. A request should include your name, date of birth, license number and state, contact information, the date and county of arrest, the arresting agency and officer, and whether the test was failed or refused. If you have a lawyer, the lawyer's information goes on the request too, so DPS sends hearing notices to your attorney.

There is no strategic reason to wait. In our practice, the request is usually submitted within a day or two of being hired.

What Happens After You Request the Hearing?

Your license stays valid in the meantime

Under §524.032(d), a request for a hearing stays the suspension until the administrative law judge issues a final decision. In other words, a timely request keeps you driving while the case is pending, unless something else (like a bond condition) restricts you.

DPS notes that it may take 30 to 60 days for a hearing to be scheduled. You'll receive a letter with the date, time, and location. The statute also allows one continuance at the driver's request if it's received at least five days before the hearing.

Where are DFW ALR hearings held?

ALR hearings are heard by an administrative law judge from the State Office of Administrative Hearings (SOAH), not by the criminal court judge. Under §524.034, if the arrest happened in a county with 300,000 or more people, the hearing is held at a location SOAH designates in the county of arrest. That covers the core Metroplex counties: Tarrant, Dallas, Denton, and Collin. SOAH's rules also allow it to hold ALR hearings by videoconference with proper notice, and many are now held on Zoom.

What Does DPS Have to Prove at an ALR Hearing?

The issues are narrow. Under §524.035, DPS must prove by a preponderance of the evidence (more likely than not):

1. That reasonable suspicion existed to stop you, or probable cause existed to arrest you; and
2. In a test-failure case, that you had an alcohol concentration of 0.08 or more while operating a motor vehicle in a public place. In a refusal case, the issues include whether you were properly asked for a specimen and refused.

If the judge doesn't find in DPS's favor on every required issue, DPS must reinstate your license. The judge also can't sustain a test-failure suspension if the breath or blood analysis showed an adult below the legal limit. If you tested under 0.08 but were still arrested, see our article on DWI arrests below 0.08 in Texas.

The judge does not decide guilt or innocence, and there is no jury. The hearing is about the stop, the arrest, and the test.

Why the ALR Hearing Matters for Your Criminal DWI Case

Many people assume the ALR hearing isn't worth fighting because suspensions are often upheld. That overlooks the hearing's biggest value: it is often the only chance before trial to question the arresting officer under oath.

DPS can usually rely on the officer's sworn written report, which is admissible as a public record. But SOAH Rule §159.211 gives the driver the right to subpoena the officer. If an officer who was timely subpoenaed fails to appear without good cause, information from that officer is not admissible. SOAH warns self-represented drivers that DPS does not have to bring the officer unless you subpoena them.

When the officer testifies, that sworn testimony is recorded. Our attorneys can use it to:

• Pin down the stated reason for the traffic stop, such as weaving, failing to signal, or speeding.
• Lock in the officer's account of the field sobriety tests, including how they were explained, where they were done, and what the lighting and road surface were like.
• Compare the testimony with dash-cam and body-cam video, and with the written report.
• Find inconsistencies that support a motion to suppress or a cross-examination at the criminal trial.

The subpoena process has strict timing. Under SOAH Rule §159.101, certain subpoena requests, including for breath test operators or technical supervisors, must be filed at least 10 days before the hearing and must show good cause. These deadlines are one reason it helps to have a DWI lawyer from the start.

What If You Lose the ALR Hearing?

Losing the hearing doesn't mean you can't drive.

Occupational driver's license

Under Transportation Code §521.242, a person whose license is suspended under the ALR statutes is generally eligible to petition for an occupational driver's license. The petition is filed in a justice, county, or district court where you live or where the arrest occurred. The court sets hours, purposes, and routes, typically up to four hours of driving in any 24 hours, or up to 12 hours on a showing of necessity. If the court requires an ignition interlock device, §521.248(d) removes those time, reason, and route restrictions. An occupational license never authorizes driving a commercial vehicle. Our occupational driver's license guide walks through the process.

Appeal

Under §524.041, you may appeal a sustained suspension by filing a petition in the county court at law in the county of arrest within 30 days after the judge's decision becomes final. DPS's appeal guidance explains the filing requirements. Appeals are reviewed on the record from the hearing, which is another reason to build that record carefully.

Reinstatement

When the suspension ends, DPS charges a $125 reinstatement fee before it will issue or renew your license, plus any other outstanding fees.

Special Situations

• Commercial driver's license (CDL) holders. DPS may also disqualify your CDL, and an occupational license can't be used to drive a commercial vehicle. For professional drivers, the ALR hearing can decide whether you keep working.
• Drivers under 21. Texas suspends minors' licenses for any detectable alcohol, so the ALR case can apply even well below 0.08.
• Out-of-state drivers arrested in DFW. Texas can deny your privilege to drive in Texas, and your home state may act on the Texas suspension. Request the hearing anyway.
• A suspension from the criminal case, too. A DWI conviction can carry its own license suspension. DPS notes that you can receive both from the same arrest, though Texas law provides credit for ALR suspension time in many cases. See our overview of Texas DWI license suspensions and occupational licenses.

A Simple 15-Day Action Plan After a DFW DWI Arrest

1. Day 1 to 2: Find your notice of suspension (DIC-25 or similar) and any temporary paperwork. Write down the arrest date.
2. Day 1 to 3: Talk with a DWI defense attorney. Don't wait for the first court date.
3. As soon as possible: Request the ALR hearing through DPS, either yourself or through your attorney.
4. After the hearing is set: Your attorney decides whether to subpoena the arresting officer and other witnesses and files the requests before SOAH's deadlines.
5. Meanwhile: Keep driving lawfully. Follow any bond conditions, such as an ignition interlock, which DFW courts frequently order.
6. After the hearing: If the suspension is sustained, consider an occupational license and an appeal right away.

For a broader look at how a DWI case unfolds in Tarrant County, see DWI laws in Texas explained for Fort Worth residents and our breakdown of the real costs of a DWI in Texas.

Frequently Asked Questions

Is the 15-day deadline counted from the arrest date?

In most breath-test and refusal cases, yes, because the officer serves the notice of suspension at arrest. The legal trigger is the date you receive (or are presumed to receive) the notice. In blood-test cases where DPS mails the notice later, DPS allows 20 days from the mailing date. If you aren't sure which applies, treat the earliest possible date as your deadline.

Can I still drive after a DWI arrest in Texas?

Usually, for a while. The suspension doesn't take effect until the 40th day after notice. If you request a hearing on time, the suspension is stayed until the judge decides. Bond conditions in your criminal case, such as an ignition interlock requirement, still apply.

If my DWI charge is dismissed, does the ALR suspension go away?

Not automatically. Under Texas Transportation Code §524.015, the disposition of the criminal case generally doesn't affect the ALR suspension. An acquittal is the main exception and requires DPS to rescind the suspension. Whether a dismissal helps depends on the facts.

Do I need a lawyer for an ALR hearing?

You can represent yourself, and SOAH publishes a guide for self-represented drivers. But a DPS attorney presents the case for the state, and the most valuable part of the hearing, cross-examining the officer, depends on properly subpoenaing them. A lawyer also uses the hearing to build the record for your criminal defense.

What if I refused the breath test?

A refusal leads to a proposed 180-day suspension for a first offense (two years with a prior contact in the past 10 years). At the hearing, the issues include whether the stop and arrest were lawful and whether you were properly asked for a specimen and refused. Officers often seek a blood warrant after a refusal, so you may face both a refusal suspension and blood evidence in the criminal case.

How long does it take to get an ALR hearing?

DPS says it may take 30 to 60 days for a hearing to be scheduled. Hearings may be in person in the county of arrest or by videoconference.

What if I miss the 15-day deadline?

DPS will deny a late request, and the suspension will take effect on the 40th day. You may still be eligible for an occupational driver's license, and the criminal case continues on its own track. Talk with a lawyer about your options right away.

Talk to a Fort Worth DWI Attorney About Your ALR Hearing

The 15-day window is short, and what happens in it can shape both your driving privileges and your criminal case. HLAW's Fort Worth DWI attorneys represent drivers throughout Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties in ALR hearings and DWI cases. Call (817) 993-9249 or contact us online for a free consultation. If your arrest was recent, call today so we can make sure your hearing request is filed on time.

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This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. DWI and license laws change, and every case depends on its facts. Consult a licensed Texas attorney about your situation.

UPDATE: In 2019, the Texas Surcharge Program was repealed by law and all surcharges were forgiven as of September 1, 2019. 

Contact DPS Regarding Your Surcharge Account

For assistance with questions about your Surcharge account, you can contact Texas DPS Municipal Services Bureau (MSB) at:

1-800-688-6882

Check Your DPS Account at www.txsurchargeonline.com

If you are unsure whether you have a pending TX DPS surcharge or if you would like to pay your Texas DPS surcharge, you can do this online at www.txsurchargeonline.com. Surcharges in Texas are frustrating and sometimes confusing. If you need clarification on your TX surcharge, you should contact the Texas Department of Public Safety by phone or on their website at www txsurchargeonline com.