How To Get Your License Back After A DWI Arrest

 Posted on January 15, 2026 in Criminal Defense

According to data released by TxDOT in 2025, alcohol-related crashes killed 1,089 people in Texas in the previous year. That equals nearly three deaths every day, which can help explain why the state tries to crack down. A DWI arrest can affect your driver’s license right away. This can happen even before your criminal case is finished.

Texas treats license suspensions as a separate process. That means you can lose your right to drive without being convicted. As of 2026, strict deadlines still apply. Missing one can keep you off the road even longer. A Fredericksburg, TX DWI defense lawyer can help you understand what steps to take and when to take them.

Why Can a DWI Arrest Suspend Your License in Texas?

After a DWI arrest, Texas starts an Administrative License Revocation — or ALR — case. It is handled by the Texas Department of Public Safety, not a criminal court.

Under Texas Transportation Code § 724.035, the state may suspend your license if you refuse a breath or blood test. A suspension can also occur if your test result shows alcohol at or above the legal limit. This can happen even if the criminal DWI case is later dismissed.

Why Is an ALR Hearing So Important After a DWI Arrest?

You have only 15 days to request an ALR hearing after receiving notice of suspension. If you miss this deadline, your license is suspended automatically.

The legal standards for these hearings are found in Texas Transportation Code § 524.035. At the hearing, the state must prove several things before your license can be suspended:

• The officer had a legal reason to stop your vehicle.

• There was probable cause to believe you were driving while intoxicated.

• You were properly asked to submit to a breath or blood test.

• The refusal or test result meets Texas legal requirements.

This hearing is often the first chance to challenge the evidence. It can also reveal problems that help later in the criminal case. If the state cannot meet its burden of proof, the suspension may be blocked.

What Happens if Your License Is Actually Suspended After a DWI in Texas?

If the suspension goes into effect, the length depends on the details of the arrest. Prior DWI arrests or test refusals often lead to longer suspensions. Driving while suspended can result in new criminal charges and added penalties.

Can You Drive With an Occupational License During a Suspension?

Texas law does allow some drivers to request limited driving privileges. Under Texas Transportation Code § 521.242, a court may issue an occupational driver's license. This type of license allows driving only for essential needs. It does not restore full driving privileges.

If granted, the court will set strict conditions. You may only drive during specific hours approved by the judge. Driving is usually limited to necessary locations, such as work or school. The court may also require proof of insurance, often through an SR-22 filing. In some cases, you may be ordered to install and maintain an ignition interlock device, which prevents a vehicle from starting if alcohol is detected.

What Steps Are Required To Reinstate Your Texas Driver’s License?

When the suspension period ends, your license is not restored automatically. You must complete every reinstatement requirement before driving again. These steps often include:

• Paying reinstatement fees to the Texas Department of Public Safety

• Filing proof of financial responsibility with the state

• Completing required education or treatment programs

• Complying with ignition interlock or monitoring conditions

Missing even one step can delay reinstatement.

How Does the Criminal DWI Case Affect Getting Your License Back?

The criminal DWI case can still impact your driving privileges. A conviction may lead to added restrictions or future suspensions. A dismissal may limit long-term consequences, but it does not undo an ALR suspension that already occurred.

Because the administrative case and the criminal case move on separate tracks, both must be handled carefully from the start.

Contact Our Marble Falls, TX DWI Defense Attorney Today

At Law Office of Russ Alan Baker, PLLC, we are focused on helping clients regain control after a DWI arrest. Attorney Baker holds a Bachelor of Science degree in Biology. This background allows him to carefully analyze scientific evidence. That includes breath testing, blood testing, DNA evidence, and fingerprint analysis. These issues often appear in DWI cases and related charges such as assault, burglary, or theft.

If your license is at risk, do not wait. Call 325-216-2006 to schedule your free consultation with an experienced Fredericksburg, TX DWI defense lawyer today.