Texas · DWI · Checked October 2026
DWI License Suspension in Texas: Hearing Deadline and Hardship License
DWI License Suspension in Texas: What Are the Rules?
You have 15 days to challenge a license suspension after a DWI arrest in Texas.
- Deadline to challenge
- 15 days
- How it is counted
- The date you receive the notice of suspension (the date the officer serves it on you). If DPS mails the notice instead, it is presumed received on the fifth day after mailing, so DPS tells drivers they have 20 days from the mailing date
- Failed test
- 90 days with no alcohol- or drug-related enforcement contact in the previous 10 years; 1 year with one or more (adults). Minors: 60 days first, 120 days with one prior conviction, 180 days with two or more
- Refused test
- 180 days; 2 years with one or more alcohol- or drug-related enforcement contacts in the previous 10 years
- Hardship license
- Occupational driver's license (essential need license)
How to Request a Hearing in Texas
DPS must receive the request at its Austin headquarters in writing, by fax, or another way DPS allows; DPS accepts requests online, by mail, email, phone or fax. A late request is denied and the suspension starts on the 40th day after notice.
Suspension if You Fail a Test in Texas
90 days with no alcohol- or drug-related enforcement contact in the previous 10 years; 1 year with one or more (adults). Minors: 60 days first, 120 days with one prior conviction, 180 days with two or more.Tex. Transp. Code §§ 524.013(b), 524.021, 524.022, 524.031, 724.035, 724.041
Suspension if You Refuse a Test in Texas
180 days; 2 years with one or more alcohol- or drug-related enforcement contacts in the previous 10 years.Tex. Transp. Code §§ 524.013(b), 524.021, 524.022, 524.031, 724.035, 724.041
Getting a Occupational Driver's License (Essential Need License) in Texas
You petition a justice, county or district court. The order sets hours, reasons and routes, limits driving to 4 hours in any 24 (up to 12 on a showing of necessity), and cannot cover a commercial vehicle. After a conviction under Penal Code §§ 49.04-49.08, the judge must require an interlock unless it finds the interlock unnecessary for community safety; drivers restricted to an interlock are not held to the hour, reason or route limits. DPS requires an SR-22 and a fee, and the signed order works as a license for 45 days while DPS processes it.
Official source: getting a occupational driver's license (essential need license) (Texas)
More on DWI Law in Texas
See the full overview of DWI laws in Texas and read about hardship licenses in every state.
This page summarizes Texas law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Texas can advise on your case.
Frequently Asked Questions
How Long Do You Have to Request a Hearing in Texas?
15 days. How it is counted: the date you receive the notice of suspension (the date the officer serves it on you). If DPS mails the notice instead, it is presumed received on the fifth day after mailing, so DPS tells drivers they have 20 days from the mailing date.
How Long Is the License Suspension for Failing a Test?
90 days with no alcohol- or drug-related enforcement contact in the previous 10 years; 1 year with one or more (adults). Minors: 60 days first, 120 days with one prior conviction, 180 days with two or more.
Can You Get a Hardship License in Texas?
You petition a justice, county or district court. The order sets hours, reasons and routes, limits driving to 4 hours in any 24 (up to 12 on a showing of necessity), and cannot cover a commercial vehicle. After a conviction under Penal Code §§ 49.04-49.08, the judge must require an interlock unless it finds the interlock unnecessary for community safety; drivers restricted to an interlock are not held to the hour, reason or route limits. DPS requires an SR-22 and a fee, and the signed order works as a license for 45 days while DPS processes it.