Texas DUI suspension lengths depend on whether it's your first offense and whether you refused a breath or blood test
A first DUI conviction in Texas suspends your license for 90 days to one year. If you refused the breath or blood test, the Texas Department of Public Safety can suspend your license for 180 days before any conviction happens — this is called an Administrative License Suspension, or ALS. A second or third DUI within ten years brings longer suspensions: one to two years for a second offense, and two years for a third.
The suspension clock starts on different dates depending on which process applies to you. If you were arrested and took a test, the suspension may start when ready after arrest, even before trial. If you refused the test, the suspension typically begins 40 days after your arrest, giving you time to request a hearing. Understanding which timeline applies to your case matters because driving on a suspended license carries its own criminal penalties.
Key Takeaways
- A first DUI conviction suspends your license for 90 days to one year in Texas, depending on whether you took or refused a chemical test.
- An Administrative License Suspension can happen before conviction if you refused a breath or blood test, lasting 180 days from 40 days after arrest.
- A second DUI within ten years brings a one to two year suspension; a third brings two years.
- You can request a hearing within 15 days of arrest to challenge an Administrative License Suspension, which may delay or prevent the suspension.
- After suspension ends, you must pay a reinstatement fee to the Texas Department of Public Safety and may need to install an ignition interlock device.
First offense: the difference between test refusal and test results
If you took a breath or blood test and failed it (0.08 or higher), your license suspension after conviction runs 90 days to one year. The exact length depends on your blood alcohol level and whether the judge imposed the minimum or maximum penalty. A reading of 0.15 or higher typically results in a longer suspension within that range.
If you refused the test, the Texas Department of Public Safety can suspend your license for 180 days through the Administrative License Suspension process, separate from any criminal case. This suspension can begin even if you are not convicted, because refusing a test is treated as a separate violation of Texas transportation law. You have 15 days from the date on your arrest report to request a hearing to contest the suspension.
Administrative License Suspension: what happens before trial
An Administrative License Suspension is not a conviction — it is a civil action by the Texas Department of Public Safety based on your arrest alone. If you were arrested for DUI and either refused a test or took one and registered 0.08 or higher, the officer will give you a notice of suspension. This notice tells you the suspension will take effect 40 days after your arrest unless you request a hearing.
To request a hearing, you must contact the Texas Department of Public Safety within 15 days of the arrest date shown on your notice. You can request the hearing by mail, phone, or online through the DPS website. The hearing officer will review whether the officer had reasonable suspicion to stop you and whether you were lawfully arrested. If you win the hearing, the suspension does not happen. If you lose, the 180-day suspension begins, and it runs separately from any criminal case suspension that may come later if you are convicted.
Second and third offenses within ten years
A second DUI conviction within ten years of a prior DUI brings a license suspension of one to two years. A third DUI within ten years brings a mandatory two-year suspension. These longer suspensions explore even if you took a test and it showed a lower blood alcohol level, because the prior conviction is the factor that increases the penalty.
The ten-year lookback period means that only prior DUI convictions within the ten years before your current arrest count toward these enhanced penalties. A DUI conviction from eleven years ago does not trigger the second-offense penalties. However, Texas courts can consider older convictions when deciding sentencing, so it is important to know your full driving history before your case goes to trial.
When the suspension starts and how long it lasts
The suspension start date depends on which process applies. If you are convicted of DUI, the judge imposes the suspension as part of sentencing, and it typically begins on the date the judge signs the order — usually the day of sentencing or within a few days. If you are fighting the charge and have not been convicted yet, no conviction suspension applies, but an Administrative License Suspension may already be in effect if you refused a test or failed one.
The suspension runs continuously from the start date. If your suspension is 90 days, it lasts exactly 90 calendar days. If it is one year, it lasts 365 days. You cannot pause or reduce the suspension by paying a fine or taking a class, though some programs may help you regain a restricted license before the full suspension ends.
Restricted licenses and ignition interlock devices
Texas allows you to request a Occupational Driver's License during your suspension if you can show the suspension causes serious hardship — for example, you cannot reach your job, school, or medical care without driving. You must file a petition with the court that handled your DUI case. The judge decides whether to grant it based on your specific circumstances.
An Occupational License lets you drive to work, school, medical appointments, and alcohol education programs during your suspension. It does not restore your full driving privileges. If your DUI involved a blood alcohol level of 0.15 or higher, or if you refused a test, Texas law requires you to install an ignition interlock device in any vehicle you drive. This device prevents the engine from starting if it detects alcohol on your breath. The device stays in your vehicle for a period set by the court, typically six months to two years, and you pay for its installation and monthly monitoring.
Reinstatement after suspension ends
When your suspension period ends, your license does not automatically return. You must pay a reinstatement fee to the Texas Department of Public Safety. The fee is $100 for a first suspension, $200 for a second within five years, and $300 for a third or subsequent suspension within five years. You can pay online through the DPS website, by mail, or in person at a DPS office.
After you pay the reinstatement fee, the DPS will reissue your license. If you have an ignition interlock requirement, you must have the device installed before you can drive. You will need to provide proof of installation to the DPS or to the court, depending on your case. Once reinstated, your license is valid for the standard renewal period, though you may face higher insurance rates for several years because of the DUI conviction on your driving record.
Frequently Asked Questions
Can I drive at all during my suspension?
Not on a regular license. You can request an Occupational Driver's License from the court for essential trips like work and medical care, but you must show hardship. Driving on a suspended license is a separate crime and can result in additional fines and jail time.
Does my suspension time count if I'm in jail?
Yes. Your suspension runs whether you are in custody or not. The suspension period does not pause or extend because of incarceration. When you are released, the remaining suspension time continues to run.
What happens if I get another DUI while suspended?
A second DUI while your license is already suspended is treated as a separate offense and carries its own penalties. You will face additional criminal charges for driving with a suspended license, and the new DUI will trigger its own suspension period that runs after the first one ends.
Can I get my license back early if I complete a DUI class?
No. Completing a DUI education program does not shorten your suspension. However, completing the program may be required by the court as part of your sentence, and it may help with insurance rates or future legal matters. The suspension period itself cannot be reduced through classes or other programs.
Do I have to install an ignition interlock device?
It depends on your blood alcohol level and whether you refused a test. If your BAC was 0.15 or higher, or if you refused a test, Texas law requires an ignition interlock device. For a BAC between 0.08 and 0.14, the device is not mandatory but the judge may order it. You pay for installation and monthly monitoring, typically $60 to $100 per month.