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How to Get Your License Back After a DUI in Texas
The Texas Penal Code (§ 49.04) classifies DWI as operating a vehicle while not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination. In Texas, a DWI (Driving While Intoxicated) is a criminal offense punishable by automatic license suspension, fines, and potential jail time. Losing a driver's license due to a Texas DWI violation will result in an automatic 40-day Administrative License Suspension (ALS) by the Texas Department of Public Safety, which may potentially be increased to 2 years in the event of a criminal conviction.
Step 1: Know the Terms of Your Suspension
Unlike most states, Texas has no formal lookback period for DWI violations. There is a lifetime lookback, and a first DWI is an offense committed without a previous conviction.
The length of suspension for DWI offenses in Texas depends on the number of previous violations and the presence of aggravating factors. The table below outlines the various types of DWI violations in Texas and the type of suspension applicable to each.
| Type of DWI Violation | Offense Classification | Length of License Suspension |
|---|---|---|
| First DWI | Class B misdemeanor (this can elevate to Class A if the Blood Alcohol Concentration (BAC) is above 0.15% | 90 days to 1 year |
| Second DWI violation within 10 years of a previous offense | Class A misdemeanor | 180 days to 2 years |
| Third or subsequent DWI | Third-degree felony | 180 days to 2 years |
| Refusing to take a breath test | Civil offense | A 180-day automatic license revocation for a first refusal and 2 years for subsequent non-compliance |
| DWI with a passenger under 15 years | State Jail Felony | License suspension for up to 2 years |
| Underage DWI (Texas has zero tolerance for drivers below 21 years; any detectable alcohol in the system while driving is a violation) | Class C misdemeanor | 60 to 180 days if the BAC level is below 0.08% |
| Zero Tolerance violation (for drivers below 21 years) | Civil/administrative offense | 60 days for the first offense, 120 days for the second, and 180 days for subsequent violations |
| Driving with a suspended license (DWSL) | Class B misdemeanor | An additional 1-year extension to the existing suspension |
| Intoxication, assault, or manslaughter | Felony | Up to 2 years post-prison license suspension |
| Commercial DWI (violations by commercial drivers) | Violation of federal and Texas Commercial Driving License laws | A 1-year driving disqualification (3 years if the violation involves hazardous materials) |
| Second DWI for commercial drivers | Lifetime disqualification (this may be reduced after 10 years). |
In Texas, full driver's license reinstatement by the Texas Department of Public Safety requires serving the entire suspension. However, under Trans Code 521.251 (a) (b) & (c), individuals may qualify for an Occupational Driver's License (ODL) during their suspension, subject to specific waiting periods. For instance:
- No previous suspension - immediate eligibility, there is no waiting period
- A previous Administrative License Suspension within the last 5 years - a 90-day waiting period applies from the current suspension's start date
- A DWI conviction within the previous 5 years - a 180-day waiting period from the effective date of the current suspension
- Two DWI convictions or more within the past 5 years - a 1-year waiting period effective from the date of the suspension.
For drivers under 21 years, the waiting period for an ODL is 30 days if they have no previous DWI conviction, or 90 days if they have one. Minors with two or more DWI violations are not eligible for an ODL.
Step 2: Fulfill Court and DMV Requirements
In Texas, two separate processes may result in license suspension for a DWI violation: an Administrative License Suspension by the Texas Department of Public Safety and a DWI conviction by a criminal court.
An ALS and a court-imposed suspension operate independently, and offenders may face penalties for both. For drivers 21 years or older, the Texas Department of Public Safety will impose a 90-day license suspension for having a BAC level of 0.08% or higher and a 180-day suspension for a first-time breath or urine test refusal. This suspension extends to 1 year for a second BAC violation within 10 years of a previous incident and 2 years for refusing a chemical test for a second time within 10 years. The penalties for a DWI conviction in Texas depend on the number of previous convictions.
Penalties for DWI convictions in Texas
| Type of DWI Conviction | Offense Classification | Possible Penalties |
|---|---|---|
| First conviction with a BAC less than 0.15% | Class B misdemeanor |
|
| First DWI conviction with a BAC higher than 0.015% | Class A misdemeanor |
|
| Second DWI Conviction | Class A misdemeanor |
|
| Third DWI Conviction | Felony |
|
Step 3: Complete a DUI Education or Treatment Program
A DWI offender in Texas may require a mandatory alcohol or drug education and treatment program. The Texas Department of Public Safety and the courts may mandate alcohol education programs for a DWI violation, and the scope and intensity of the programs depend on offense history and BAC level.
Texas courts may order alcohol education programs as part of plea bargains, probation, or sentencing. Generally, this includes Level I and II programs for first or repeat offenders, outpatient counseling or rehab if there is evidence of addiction or a high Blood Alcohol Concentration, or Substance Abuse Felony Punishment Facility or long-term rehab as part of deferred adjudication for felony-level DWI cases.
Similar to court-imposed alcohol education programs, the Texas Department of Licensing and Regulation (TDLR) requires offenders to complete alcohol programs before license reinstatement, including the Level I Alcohol Education Program for first offenders and the Level II or Intervention Program for repeat offenders.
Typically, Levels I and II alcohol education program courses run for 12 and 32 hours, while court-ordered DWI Intervention Programs are 32-hour courses. The time limit for completing these programs varies. For instance, first-time and repeat offenders must complete Level I and Level II alcohol education within 180 days and 1 year, while the court may mandate that the offender complete a Victim Impact Panel session before completing probation.
The average costs for alcohol education programs in Texas depend on the type and duration of the course. An alcohol program for a first offender may cost between $40.00 and $150.00 for a 12-hour course, while DWI Intervention Programs for repeat offenders cost between $250.00 and $350.00. Alcohol education programs for minors cost from $40.00 to $125.00, and some providers may offer lower rates. The table below outlines the average costs for other DWI-related programs in Texas.
| DWI Program | Average Costs |
|---|---|
| Drug Offender Education Program (DOEP) | $80.00 to $95.00 for a 15-hour course |
| Substance Abuse Evaluation | $150.00 to $275.00 |
| Intensive Outpatient Program (IOP)/Supportive Outpatient Program | $around $1,180.00 |
| Substance Abuse Felony Punishment Facility (SAFPF) | The SAFPF is a state-run program. However, the judge may mandate that the offender pay 25% of the costs as requirements for probation. |
In Texas, alcohol education programs for license reinstatement after suspension must be through state-approved providers. To enroll in an alcohol education program in Texas, follow these steps:
- Confirm the type of alcohol education program imposed by the court
- Find an approved provider through the Texas Department of Licensing and Regulation's Alcohol, DWI, and Drug Education Course Providers webpage
- Choose a program with a convenient schedule (online or in-person preference)
- Enroll and make applicable payments
- Complete the course and receive a certificate of completion.
Submitting a certificate of completion of a DWI-imposed alcohol education program is crucial for license reinstatement, and failure to do so will result in revocation of probation, ineligibility for reinstatement of driver's license, and extension of suspension periods.
Step 4: Get SR-22 Insurance or Equivalent
SR-22 insurance is a form that insurance companies file with the state showing that a car owner has the minimum amount of liability coverage required by law. Texas law requires drivers within the state to show SR-22 insurance after a DWI conviction, license suspension, and reinstatement after license revocation for driving without insurance.
For SR-22 insurance, interested individuals should contact their local insurance agents or providers. Individuals who do not own vehicles should inquire about Texas Non-Owner SR-22 Insurance from insurance providers.
To file SR-22 with the TDPS costs a one-time fee of $15.00 to $50.00. However, an SR-22 may increase annual liability insurance premiums from around $400.00 to $1000.00 (a 30 to 100% increase).
In Texas, DWI offenders must maintain SR-22 insurance for 2 years from the date of conviction or license suspension.
Step 5: Pay Reinstatement Fees
The total reinstatement fees for a Texas driver's license after a DWI depend on the offense. There is a mandatory $125.00 fee for Administrative License Revocation, and an additional $100.00 payment if the violation results in a conviction. Additionally, the following fees may also apply:
- Safety Responsibility (SR) Suspension fee for failing to maintain SR-22 insurance -$100.00
- Departmental (DI) suspension fee for driving with an invalid license - $100.00.
Payment for license reinstatement fees is through the Texas DPS License Eligibility System. This portal allows applicants to pay reinstatement fees with card payments for an additional $5.75 convenience fee. Applicants can also pay by checks and money orders to:
Texas Department of Public Safety Central Cash Receiving
P.O. Box 15999,
Austin,
TX 78761-5999.
Step 6: Submit Your License Reinstatement Application
For online submission for license reinstatement in Texas, log in to the Texas License Eligibility System using the driver's license number, date of birth, and the last four digits of the Social Security Number. Alternatively, mail the relevant documents (including SR-22 insurance, program certificate, a copy of the suspension notice, check or money order to cover applicable fees, full name, date of birth, and driver's license number) to:
Texas Department of Public Safety Central Cash Receiving
P.O. Box 15999,
Austin,
TX 78761-5999.
For an appointment with the Texas Department of Public Safety to handle license issues after reinstatement, visit the Texas DPS Appointment Scheduler. Log in to the Texas DPS License Eligibility System to view the Texas license reinstatement checklist.
What If You Are Denied License Reinstatement in Texas?
The Texas Department of Public Safety can deny license reinstatement for reasons including:
- Unpaid reinstatement fees
- Failure to file or maintain SR-22 insurance
- Unfinished court-ordered conditions for reinstatement (for example, non-completion of alcohol education program, community service, or probation)
- Outstanding violation or suspension
- Failure to submit compliance documents
- Unexpired suspension.
If the DPS denies a license reinstatement application, the applicant should:
- Check their compliance status on the Texas License Eligibility System
- Submit missing documents (if any) by fax to (512) 424-2848 or email at driver.improvement@dps.texas.gov
- Request an administrative hearing if the denial relates to an ALS suspension
- Reapply after the expiration of the ineligibility period
- File a motion for reconsideration, request a modified order, or seek an Occupational Driving License during the suspension.
Hardship Licenses: Driving with Limited Privileges
An Occupational or Restricted License (hardship license) allows eligible individuals to drive vehicles within Texas while their regular licenses are under suspension. In Texas, individuals may qualify for Occupational Licenses after suspension or revocation if:
- They demonstrate essential needs to drive. For instance, to commute to school, work, medical appointments, or court-ordered programs
- They are not Commercial Driver's License (CDL) holders
- The suspension is not due to medical or mental health disqualification.
Texas Occupational Driving Licenses are only for the essential purposes outlined in their court orders and are usable within a specific time range and geographic locations. Offenders must carry copies of their court orders along with their Occupational Licenses when driving.
How Long Does It Take to Get Your License Back After a DUI?
The time it takes to get back a driver's license after a suspension in Texas depends on violation history and compliance with court and TDPS requirements. The timeline for license reinstatement in Texas ranges from 3 to 6 months for a first DWI, 12 to 18 months for a second offense, and 18 to 24 months for a third offense. However, violators may be eligible for Occupational Driving Licenses during their suspension periods.