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
- File a Petition – in county or district court
- Gather Required Documents – SR-22, driving record, affidavit, IID proof(if applicable)
- Attend Hearing – judge may impose conditions
- 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.
