Last Updated on June 19, 2025 by Beltz Law Group
Beltz Law Group
Texas Driver’s License Suspension Attorneys: Protecting Your Driving Privileges
Few things are as disruptive to daily life in Texas as losing your driver’s license. From commuting to work or school to taking care of family, our ability to drive legally is fundamental. Receiving a driver’s license suspension notice from the Texas Department of Public Safety (DPS) can be incredibly stressful, but it’s crucial to understand that you have rights and options.
This updated article by Beltz Law Group aims to provide a more comprehensive and current overview of driver’s license suspensions in Texas, the hearing process, and how our experienced attorneys can help you protect your driving privilege. If you’ve received a suspension notice, contact our office at 214-321-4105 immediately to discuss your case.
Understanding Driver’s License Suspensions in Texas
Driver’s license suspensions in Texas can stem from a wide range of issues, not just criminal convictions. It’s vital to identify the specific reason for your suspension, as it dictates the appropriate legal strategy. Common causes include:
- DWI-Related Suspensions:
- Administrative License Revocation (ALR): This is a civil suspension separate from your criminal DWI case. It occurs if you refuse to provide a breath or blood specimen, or if you fail a chemical test (BAC of 0.08% or higher, or any detectable amount for minors).
- DWI Conviction Suspension: A criminal conviction for DWI in court will also lead to a license suspension, the length of which depends on factors like prior convictions and BAC.
- Accumulation of Moving Violations:
- Habitual Violator: DPS can suspend your license if you accumulate four or more moving violations within a 12-month period, or seven or more moving violations within a 24-month period.
- Failure to Appear (FTA) / Unpaid Fines (Omni Holds): If you receive a traffic ticket and fail to appear in court or pay the fine by the due date, the court can place an OMNI hold on your driver’s license. This prevents you from renewing your license until the underlying issues are resolved. Importantly, simply paying off old tickets to lift an OMNI hold can result in multiple convictions hitting your record simultaneously, which could then trigger a new suspension for being a habitual violator.
- Driving While License Invalid (DWLI): If you are caught driving with a suspended, revoked, or invalid license, you face new criminal charges for DWLI, which can lead to further suspensions, fines, and even jail time.
- Failure to Maintain Financial Responsibility (No Insurance): A conviction for driving without valid liability insurance can lead to a license suspension.
- Drug Offenses: Convictions for certain drug offenses, even if not directly related to driving, can result in license suspension.
- Medical Reasons: If DPS determines you are medically unfit to drive safely.
- Failure to Pay Child Support: Non-payment of child support can lead to a license suspension.
- Underage Alcohol Violations: For drivers under 21, offenses like possession, consumption, or purchase of alcohol can lead to license suspension under Texas’s “Zero Tolerance” policy.
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The Critical Importance of Responding to a Suspension Notice
The Texas Department of Public Safety is legally required to notify you of a proposed driver’s license suspension. This notice is usually mailed to your address on record. Do NOT ignore this letter!
- Strict Deadlines: For most administrative suspensions (especially ALR related to DWI arrests), you have a very limited timeframe – typically 15 days from the date of the notice (often the date of arrest) – to request an Administrative License Revocation (ALR) hearing. For other types of suspensions, the deadline might be 20 days.
- Automatic Suspension: If you fail to object or request a hearing within this critical window, the suspension will take effect automatically, and in most cases, you lose your right to contest it. Your license will then become officially suspended, making any driving a criminal offense.
- “Failure to Receive Notice” Is Not a Defense: It is your responsibility to keep your address updated with DPS. Failure to receive the mailed notification does not invalidate the suspension.
Requesting Your Driver’s License Suspension Hearing (ALR)
To object to a proposed suspension, you (or your attorney) must submit a formal request for a hearing to DPS. For ALR hearings, this is typically done online or by certified mail.
- Timing is Everything: As noted, acting quickly is paramount. Missing the deadline means forfeiting your right to a hearing.
- Attorney Representation: A driver’s license suspension lawyer will typically send this request on your behalf. This ensures the request is filed correctly and on time, and that all subsequent notices and hearing details are sent directly to your attorney for proper calendaring and preparation.
- The Hearing Location: Once a hearing is requested, DPS is usually required to set a hearing in the Justice of the Peace Court closest to where the alleged offense occurred or where the person resides.
What Happens at a Driver’s License Suspension Hearing?
Driver License Suspension Attorney
A driver’s license suspension hearing (often an ALR hearing) is a civil administrative proceeding, separate from any criminal case you might be facing. It’s your opportunity to present your case to an Administrative Law Judge (ALJ) and argue why your license should not be suspended.
- Burden of Proof: DPS has the burden of proving that the suspension is justified by a “preponderance of the evidence” (meaning it’s more likely than not).
- Officer Testimony: The arresting officer is often subpoenaed to testify. This provides a crucial opportunity for your attorney to cross-examine them, challenge the legality of the stop or arrest, and expose any procedural errors or inconsistencies in their account.
- Evidence Review: Your attorney can review the evidence DPS intends to use against you, such as police reports, breath test results, or blood test analysis.
- Strategic Advantage: These hearings are complex. An experienced attorney understands the specific legal requirements for suspension, knows how to challenge the prosecution’s evidence, and can present a compelling argument on your behalf. Issues discovered during an ALR hearing can sometimes even benefit a related criminal defense case.
What if My License is Already Suspended?
If you’ve missed the deadline to request a hearing or your license has already been suspended, don’t despair. There may still be options:
- Occupational Driver’s License (ODL): For many types of suspensions, you may be eligible to apply for an Occupational Driver’s License (ODL). An ODL is a restricted license that allows you to drive for essential purposes like work, school, and necessary household duties. You must petition a court for an ODL, and there are strict requirements, including often needing SR-22 insurance. Our attorneys can help you navigate this complex application process.
- Reinstatement Requirements: Once your suspension period ends, you’ll need to meet specific reinstatement requirements set by DPS. These often include paying reinstatement fees, completing required courses (like DWI Education or Alcohol Dependency Assessment), and providing proof of financial responsibility (SR-22 insurance). Our team can guide you through these steps to ensure your license is properly reinstated.
- Clearing OMNI Holds: If your suspension is due to an OMNI hold, we can help you resolve the underlying tickets without creating new convictions that could lead to further suspensions.
Protect Your Privilege: Contact Beltz Law Group Today
The ability to drive legally is a critical component of life in Texas. An increasing number of driver’s license suspensions take place each year, and the consequences of driving while suspended (DWLI) are severe.
Don’t wait until it’s too late. If you have been sent a driver’s license suspension notice, or if you believe your license is suspended, take immediate action. Our driver’s license suspension attorneys are dedicated to helping you protect your driving privileges.
Contact Beltz Law Group today at 214-321-4105 for a confidential consultation. We are here to explain the process, explore your options, and fight for your right to drive.
