How Long Will My License be Suspended?

Drivers’ license suspension length varies based on several factors.

Many people do not realize that, regardless of the length of suspension (more on that below), suspended driver’s licenses remain suspended until drivers jump through the appropriate hoops. Furthermore, the state usually sends a license suspension notice to the address of record, which is often incorrect. As a result, when they get pulled over, many drivers do not know their licenses were suspended or do not know they are still invalid.

Texas law regarding driver’s license suspension is complex, to say the least. Furthermore, although it is usually attached to a criminal matter, the driver’s license suspension process, including an appeal if available, is a civil proceeding. Therefore, only the most experienced Ft. Worth criminal defense lawyer should handle such matters. In Tarrant County, driving is usually not a luxury option. It’s an everyday necessity. A Ft. Worth criminal defense lawyer helps keep you on the road.

DUI Arrest

Texas is an implied consent state. Drivers agree to provide chemical samples when they sign their licenses. They may revoke this consent later. But this revocation is costly. If a defendant refuses to provide a breath, blood, or other chemical sample within 40 days of the arrest, the state suspends licenses for between 180 days and two years, depending on the number of prior refusals (if any) and a few other factors.

Similarly, the suspension period for a failed chemical test is usually lower (between 90 days and one year), unless the defendant’s BAC was .15 or above. The 180-day to two-year window usually applies in these cases.

Drivers can appeal the suspension. But they only have fifteen days after a DUI arrest to file the notice of appeal. Otherwise, the full suspension period automatically goes into effect. At the hearing, the state must prove, by a preponderance of the evidence (more likely than not), that the arresting officer reasonably demanded a chemical sample.

DUI Conviction

The court could tack on an additional 90 days to one year suspension for a first DUI conviction. The mandatory suspension period is between 180 days and two years for a second or third conviction. Usually, a fourth DUI means driver’s license revocation. Truthfully, people with this many DUIs on their records should not be driving anyway.

We should briefly explain the difference between suspension and revocation. Suspended licenses become valid again once drivers meet administrative requirements. If the state revokes the license, the driver must also take the test over again. Furthermore, a revoked license is usually not valid for any purpose, including proof of age.

Safety Violations

Texas abandoned the driver’s license points system way back in 2019. However, safety suspensions are still among the most common driver’s license suspensions in Texas. Instead of points, the DPS now goes by the number of convictions, as follows:

• Four or more moving violations in a 12-month period,
• Seven or more moving violations in a 24-month period,
• Two or more offenses that conflict with a license restriction, such as wearing corrective lenses, or not driving at night,
• DUI conviction or arrest,
• At-fault accident that causes serious injury or fatality, and
• At-fault uninsured accident.

All these drivers are usually eligible for an occupational license. An ODL allows people to drive for essential household purposes, such as to and from work, to and from school, and to and from court. The court often attaches additional conditions, such as an IID (ignition interlock device) in a DUI-related suspension ODL.

Non-Safety Violations

A few final words about non-safety suspensions in Texas. Common ones include unpaid tickets/surcharges, student loan default, delinquent child support, failure to appear in court, and non-DUI drug/alcohol offenses. Once again, since the state sends suspension notices to the address of record, most of these drivers don’t know their licenses are suspended.

Count on a Detail-Oriented Tarrant County Attorney

In many cases, a suspended license is worse than a jail sentence. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.